terminology Flashcards
Overrule
higher court in later case declares decisions of an inferior court wrong
Depart
Supreme Court sets aside or revokes a lower court decision in same appeal
Distinguish
despite similar fact and legal principles to previous case, there is a difference and so the court can declare itself not to be bound
Preamble
a clause at the beginning of a constitution or statute explaining reasons for its enactment.
Enacting formula
short phrase that introduces the main provisions of a law enacted by a legislation
Section, Clause
part of legal document, e.g. contract, that relates to a particular point
Explanatory notes
not part of the statute but additional side info that may be needed and help to understand a case further
Date of commencement
a date when a project starts as specified by a contract
Act
a section or subsection of legislation
Ratio Decidendi
the reason for the decision
Per Curiam
by the courts
Per Incuriam
through carelessness
Stare Decisis
let the decision stand
Ab initio
from the beginning
Inter Alia
among other things
Ultra Vires
beyond the powers
Ejusdem Generis
of the same kind
what does common law mean
English law in an unwritten constitution
Equity
when the law is insufficient or inadequate, the concept of equity is used
Legislation
written law for a country
Delegated legislation
when the gov makes detailed changes to original acts of parliament
Public law
the law that effects everyone
Private law
law involving a relationship between 2 or more companies
Noscitur a sociis
a thing known by its associates
