origins of law week 1 Flashcards
what is law?
a set of rules which govern society
what is case law?
judge-made law
what is case law based on?
it is based on precedents (judicial decisions from previous case)
define precedent
a court is bound by the decisions of a court above it and usually by a court of equivalent standing. Superior courts=power to overrule decisions of lower ones
define opinion
formal written statement from a judge/court that explains the legal principles and reasons for a cases decision
define interpretation
the process of analysing and understanding legal texts, e.g statutes+judicial precedents to apply the meaning to specific cases in such a way that the law intends.
define distinguishing
when a court decided not to follow a precedent case because of the facts of the two cases are materially different
what is ratio decidendi
’ the reason for the decision’ it is the lgela reasoning for the judgement based on facts, statue,cse law and legal arguments put before court. binds lower courts as precedent
what is obiter dictum
what was also said in the judgement which does not form part of the ratio decidendi + not binding as precedent
what is legislation
A law or set of laws that have been passed by parliament
what is primary legislation?
An act of parliament or statute
what is secondary legislation?
statutory instruments (often codes, orders, regulations,rule)
what is civil law
a law that enables claimants to enforce their rights or recover property
what is criminal law?
law to enforce law+order in the interests of the community
what refers to remarks of observations made by a judge in a decision that are not essential to the ruling and are not binding?
obiter dicta
