Reading a Case / Case Analysis Flashcards
1
Q
What statement of fact cannot be part of the ratio decidendi of a case
A
To be part of the ratio decidendi of a case a statement has to be a proposition of law. Furthermore the proposition of law must be one which is necessary for the decision in that case.
2
Q
Which ways represents how a judge can avoid a precedent
A
- Reversing
- Overruling
- Disapproved
- Distinguishing cases
3
Q
what is Curia advisari vult means?
A
The court wishes to be advised/took time for consideration.
4
Q
what is Per Incurium?
A
The case was decided wrongly without due regard to the law.
5
Q
what is Obiter Dictum
A
Other words. A statement which is not necessary for the decision in the case.
6
Q
what is Ratio decidendi
A
A proposition of law which is necessary for the decision in the case.
