Law terminology Flashcards
What does Ratio Decidendi mean?
The reason for the decision
What does Per Curiam mean?
By the courts
What does Per Incuriam mean?
Through carelessness
What does Stare Decisis mean?
Let the decision stand
What does Ab Initio mean?
From the beginning
What does Inter Alia mean?
Among other things
What does Ultra Vires mean?
Beyond the powers
What does Ejusdem Generis mean?
Of the same kind
What does Common Law mean?`
The Common Law is English law in an unwritten constitution
What does Equity mean?
When the law is insufficient or inadequate, the concept of equity is used
What is legislation?
Legislation is the written law for a country
What is delegated legislation?
Delegated legislation is when the Government makes detailed changes to original acts of Parliament
What is public law?
Public law is when the law effects everyone (e.g constitutional law etc)
What is private law?
Private law involves a relationship between two people or companies (e.g contract law, family law etc)
What does noscitur a sociis mean?
A thing known by it’s associates
What does distinguish mean?
When the a case is distinguished it means that the courts have decided it is irrelevant to another case.
The Literal rule
When words or definitions are given their literal meaning
The Golden rule
When the Literal rule would result in absurdity
The Mischief rule
Is when the judges question the purpose for the legislation and decide against any ambiguity
The Purposive/Contextual rule
When the context is relevant to the Ratio Decidendi
What does Obiter Dictum mean?
Things said in passing
