Way Too Early SAC #6 (Role Of Courts) Notes Flashcards
Accused.
Person against whom legal action is taken in a case.
Binding precedent.
The reason for a decision of a higher court that must be followed by a lower court in the same hierarchy.
Common law.
Decisions made by judges that form part of the law.
Is a system of deciding cases that originated in England.
Defendant.
Person against whom legal action is taken in a civil case.
Disapprove.
A court expresses disapproval of an existing precedent but is still bound by it.
Distinguish.
A court decides that the main facts of the case are sufficiently different to a previous precedent and therefore the precedent is not binding.
Doctrine of precedent.
The common-law principle by which the reasons for the decisions of courts higher in the hierarchy are binding on courts lower in the same hierarchy where the material facts are similar.
Ejusdem generis.
Legal rule meaning ‘of the same kind’, used by judges to help them interpret the words in a statute.
Extrinsic material.
Material not part of an Act of parliament that may assist a judge to interpret the meaning of the words in the Act.
Intrinsic material.
Material found within an Act of parliament that may assist a judge to interpret its meaning.
Judicial creativity.
The creative interpretation of legal precedent or Acts of parliament by judges in superior courts.
Negligence.
A common-law principle and a key area in the law of torts or civil wrongs; essential concepts are the ‘neighbour principle’ and duty of care.
Orbiter dictum.
A statement made by a judge on a legal question, not requiring a decision to be made on the issue and therefore not creating a precedent, but which can be a persuasive precedent.
Overrule.
A new case in a higher court creates a new precedent, which means the previous precedent in a different case is no longer applicable.
Persuasive precedent.
A reason for a decision of another court that is of persuasive value only. It is not binding, but it is relevant to the case and an important statement of law.
