latin terms

Question 1

Ratio Decedendi

Answer 1

“The reason for the decision”
critical judicial reasoning which is binding on lower courts in a court hierarchy.

Question 2

Stare Decisis

Answer 2

“To stand by what has been decided”

Question 3

Noscitur a sociis

Answer 3

“By the company it keeps”
A maxim of statutory interpretation in which a statute is interperrated in the context of the words surrounding it. Allows the court to apply common sense reasoning.

Question 4

Obiter Dicta

Answer 4

“Sayings by the way”
This includes the non-critical judicial reasoning outlined in a decision, which may be persuasive (non-binding) in future similar cases

Question 5

Ex post facto

Answer 5

“After the fact”
Judgements made by the courts are done so after the dispute has occurred

Question 6

Expressio unius est exclusio alterius

Answer 6

“The express mention of one excludes all others”
A maxim of statutory interpretation in which a series of specific terms is not followed by a general term.
The express mention of objects in a statute precludes the addition of any other objects by the courts.
Prevents unintended meanings by parliment.

Question 7

In Futuro

Answer 7

“For the future”
Statute laws are made as rules to guide future actions or event. They act to guide the law from their date of proclamation, in contrast to common law which is ex post facto.

Question 8

Ejusdem Generis

Answer 8

“of the same kind”
Used to interprete legislation. When a list of specific items is followed by a general term, it is implied that the general term will be of the same kind as those listed previously.