Latin Terms

Question 1

Stare decisis

Answer 1

doctrine of precedence; precedents are binding and must be followed; previous court cases

Question 2

Ratio decidendi

Answer 2

“the reason for deciding”; the legal principle on which a judicial decision is based; binding

Question 3

Obiter dicta

Answer 3

“something said in passing”; the plural form of “obiter dictum”; not binding; the judge’s comments that weren’t essential to the case decision but may be persuasive

Question 4

Ultra vires

Answer 4

“beyond the powers”; an action made despite it being beyond the scope of authority

Question 5

Locus standi (or locus)

Answer 5

(literally) place of standing; a party’s right to make a legal claim or seek judicial enforcement of a duty or right; determined by if a person has any interest/bearing on the case being presented