Flashcards
Terms to Remember
Cards in this deck (11)
- 1Stare decisisdoctrine of judicial precedent
- 2Ratio decidendiLegal reason for the decision (why the defendant is/isn't guilty)
BINDING - 3Obiter dictaStatements not part of Ratio Decidendi, such as hypothetical situations or wider legal principles.
PERSUASIVE - 4Per incuriamA precedent is not binding where it was made without proper care (e.g. the judge hadn't looked at all previous precedents)
- 5Ultra viresWithout power (delegated legislation can be challenged on the grounds that the person making it acted ultra vires, by exceeding their powers)
- 6Eiusdem generisGeneral words mean the same kind of thing as the specific words they follow.
Powell v Kempton Park Racecourse Co (1899) - 7Expressio unius exclusio alteriusWhere a statute seeks to establish a list of what is covered by its provisions, then anything not expressly included in that list is specifically excluded.
- 8Contra proferentumExclusion clause is interpreted against the person trying to rely on it. This usually results in the clause being interpreted narrowly
Photo Productions Ltd v Securicor - 9Quantum meruitWhat one has earned – you are entitled to be paid for work you have done
- 10Res ipsa loquitorThe facts speak for themselves – so the claimant does not have to prove what happened
- 11Volenti non-fit injuriaThe claimant has freely consented to the negligent act