M05 definitions Flashcards
1
Q
What does Ratio decidendi mean?
A
Case is based on material facts
Reason for decision
2
Q
What does Noscituar a sociis rule mean?
A
Word is determined by context
3
Q
What does Enusdem generis rule mean?
A
Meaning of any general term depends on specific words which follows it
4
Q
What does stare decisis mean?
A
Let the decision stand
5
Q
What does orbiter dicta mean?
A
Things that are said by the judge in passing
6
Q
What does contra preferender mean?
A
Ambiguous wording goes against drafter
7
Q
What is the Literal Rule?
A
Literal meaning of a word takes precent
8
Q
What is the Golden Rule?
A
The meaning of a word in a statute, strictly applied leads to absurdity
9
Q
What is the Mischief Rule?
A
Heydon’s Case
Judge considers the interpretation of a word based off of what the Act was trying to rectify
