Latin vocab

Question 1

Ratio decidenci

Answer 1

the point in a case that determines the judgement. The legal basis of the outcome, binding on lower/ co-equal courts in subsequent cases

Question 2

Obiter dictum

Answer 2

statement of law made by a court that is not necessary to determine the outcome of the matter before the court, not binding in future cases. (sorta like an irrelevant statement that was mentioned in court)

Question 3

Stare decisis

Answer 3

adherence to settled cases. once a court has laid down a principle of law in relation to a certain set of facts, it should apply that same principle where the material facts are similar.

Question 4

Actus reus

Answer 4

an element of an offence- the doing of the prohibited act

Question 5

mens rea

Answer 5

an element of a criminal offence- namely, a guilty mind or intention to commit the act.