Terms to Remember

Tim Mitchell
Flashcards by , created about 6 years ago

Latin Terms for ACCA F4 CL(ENG)

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Tim Mitchell
Created by Tim Mitchell about 6 years ago
Fraudulent Behaviour
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Question Answer
Stare decisis doctrine of judicial precedent
Ratio decidendi Legal reason for the decision (why the defendant is/isn't guilty) BINDING
Obiter dicta Statements not part of Ratio Decidendi, such as hypothetical situations or wider legal principles. PERSUASIVE
Per incuriam A precedent is not binding where it was made without proper care (e.g. the judge hadn't looked at all previous precedents)
Ultra vires Without power (delegated legislation can be challenged on the grounds that the person making it acted ultra vires, by exceeding their powers)
Eiusdem generis General words mean the same kind of thing as the specific words they follow. Powell v Kempton Park Racecourse Co (1899)
Expressio unius exclusio alterius Where 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.
Contra proferentum Exclusion 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
Quantum meruit What one has earned – you are entitled to be paid for work you have done
Res ipsa loquitor The facts speak for themselves – so the claimant does not have to prove what happened
Volenti non-fit injuria The claimant has freely consented to the negligent act