Reading the Law

Question 1

Like cases ought to be decided alike

Answer 1

The concepts of ratio and orbiter; how legal principles are applied to facts.

Question 2

The Doctrine of Precedent

Answer 2

The guidelines that determine when a court is required to apply the same law that the previous court has applied.

Question 3

Ratio decidendi

Answer 3

The reason for the decision. It is the legal rule/standard/principle that emerges from the case.

Question 4

Obiter dicta

Answer 4

Observations made by court when deciding a case. They are not focused on the exact facts, or the legal issue.

Question 5

Vertical State Decisis

Answer 5

Lower courts MUST follow the precedents established by higher courts. Higher courts are NOT required to follow precedents established by lower courts.

Question 6

Horizontal Stare Decisis

Answer 6

Courts are expected to comply with long - established precedent that it has itself considered.

Question 7

ILAC

Answer 7

Issue
Law
Application
Conclusion

Question 8

Broad Interpretation

Answer 8

Would assist our hypothetical client.

Question 9

Narrow Interpretation

Answer 9

Would not help our hypothetical client.