Legal Foundations 1B

Question 1

What is a precedent?

Answer 1

The common law principle created by courts.

Question 2

Statutory Interpretations can make laws in two ways:

Answer 2

Creating Precedents

Statutory Interpretation

Question 3

What is the doctrine of precedent?

Answer 3

The common law principle by which the decisions of courts higher in the hierarchy, are binding upon courts in the same hierarchy where the material facts are similar.

Question 4

Ratio Decidendi

Answer 4

Reason for deciding. (Binding part of a precedent)

Question 5

Obiter Dictum

Answer 5

statements made by the way.

Question 6

Stare Decisis

Answer 6

Stand by the decision. (YR12 boy)

Question 7

Ejusdem Generis

Answer 7

Of the same kind

Question 8

Ex Post Facto

Answer 8

After the act or omission took place (parliament and courts)

Question 9

Enfutro

Answer 9

For the future (parliament)

Question 10

Precedent

Answer 10

A precedent will be considered persuasive if the facts are similar, but the decision was made by another court hierarchy or by a court at the same level or below in the same hierarchy.

Question 11

Define binding and persuasive precedents

Answer 11

A precedent is binding on a court if the common law principle is created on a higher court of the court hierarchy. A persuasive precedent is when a lower court in the court hierarchy establishes precedent and superior courts don’t have to follow.

Question 12

Codify

Answer 12

Agree with Mabo/native title act

Question 13

Abrogate

Answer 13

Disagree trigwell/ wrong (animals straying on highways) act