Law terminology Flashcards

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1
Q

What does Ratio Decidendi mean?

A

The reason for the decision

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2
Q

What does Per Curiam mean?

A

By the courts

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3
Q

What does Per Incuriam mean?

A

Through carelessness

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4
Q

What does Stare Decisis mean?

A

Let the decision stand

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5
Q

What does Ab Initio mean?

A

From the beginning

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6
Q

What does Inter Alia mean?

A

Among other things

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7
Q

What does Ultra Vires mean?

A

Beyond the powers

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8
Q

What does Ejusdem Generis mean?

A

Of the same kind

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9
Q

What does Common Law mean?`

A

The Common Law is English law in an unwritten constitution

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10
Q

What does Equity mean?

A

When the law is insufficient or inadequate, the concept of equity is used

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11
Q

What is legislation?

A

Legislation is the written law for a country

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12
Q

What is delegated legislation?

A

Delegated legislation is when the Government makes detailed changes to original acts of Parliament

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13
Q

What is public law?

A

Public law is when the law effects everyone (e.g constitutional law etc)

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14
Q

What is private law?

A

Private law involves a relationship between two people or companies (e.g contract law, family law etc)

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15
Q

What does noscitur a sociis mean?

A

A thing known by it’s associates

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16
Q

What does distinguish mean?

A

When the a case is distinguished it means that the courts have decided it is irrelevant to another case.

17
Q

The Literal rule

A

When words or definitions are given their literal meaning

18
Q

The Golden rule

A

When the Literal rule would result in absurdity

19
Q

The Mischief rule

A

Is when the judges question the purpose for the legislation and decide against any ambiguity

20
Q

The Purposive/Contextual rule

A

When the context is relevant to the Ratio Decidendi

21
Q

What does Obiter Dictum mean?

A

Things said in passing