Law & Government Flashcards
Precedent
A decision being made. (e.g Each time a judge decides that an established rule applies to a new situation, the judge is setting a precedent.)
Common Law
Made by the courts; also known as case law or judge - made law.
Statute Law
Made by the Parliament.
When there is a conflict between common and statute law
Statute law prevails; if common and statue law say two different things, you must obey the statue law.
Stare Decisis
The doctrine of a precedent; courts normally follow previous decisions in that court and must follow decisions of higher courts.
Ratio Decidendi
The reason for the decision.
Orbiter Dictum (plural: orbiter dicta)
Things said by the way. (e.g At the end of a case the judge sometimes make a statement that is not part of the ratio decidendi but will be influenced on decisions in the future.)
Binding Precedent
A precedent in a superior court in the same hierarchy, dealing with the same legal principles and material facts.
Persuasive Precedent
A percent that is not binding on courts, but are considered noteworthy and highly regarded propositions of law. They are considered by some courts as influential on their decisions.
Doctrine
A particular principle, position, or policy taught or advocated as of a religion or government.
Doctrine of a Precedent
Process of judges following previous decisions of higher courts.
Statutory Interpretation
The role of the courts in interpreting the words, and the general meaning of acts of parliament when the case comes before them and the despite involves a particular piece of legislation.
Legislation
- The act of making or enacting laws.
2. A law or a body of laws enacted.
Reasons why a court may need to interpret a piece of legislation.
- The meaning of the words may be ambiguous.
- Act may be silent on an issue and the courts may need to fill in the gaps in the legislation.
- Mistakes can occur during the drafting of the act.
- The meaning of words can change over time.
- The act might not take into account future circumstance.
- An act might not include new types of technology.
Effects of statutory interpretation
Statutory interpretation of a particular act does not change the actual words in the act, but only the way they are interpreted.
Adversarial System
A court system based on two parties battling to win the case, each acting as the adversary of the other. The role of the adversary system is to provide a procedure for the parties to present their case, in as a fair manner as possible. The “battle” that takes place is controlled by strict rules of evidence and procedure, which must be followed by all parties involved in the case.
Hearsay evidence
It might be relevant but it is unreliable because the witness did not actually see or hear it.
Irrelevant Evidence
Wastes time; could mislead or refuse the jury.
Opinion
A witness cannot give an opinion about the situation unless the witness is an expert in the relevant field.
Evidence of bad character
Could prejudice the court. But if one party bring evidence regarding their good character, the other party may bring evidence to the contrary.
Prior Convictions
A person should be tried on the circumstances of the present case only.
Privileged Information
Conversations between solicitor and client, husband and wife, doctor and patient, Priest and confessor.
Evidence Obtained Illegally
Evidence maybe excluded if it has been obtained illegally or is not in the public interest.
