Latin Terminology

Most of the latin terms needed for OCR AS level law and some for A2 too.

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Statutory Interpretation
o Expressio unius exclusio alterius ­ The express mention of one thing excludes
another. (Tempest v. Kilner (1846))
o Ejusdem generis ­ General words which follow in a list are restricted to the same
kind. (Powell v. Kempton Park (1899))
o Noscitur a sociis ­ A word is known by the company it keeps. (IRC v. Frere (1965))
o Ultra vires ­ Exceeds the power delegated by Parliament (delegated legislation).
o Stare decisis et non quieta movere ­ Stand by what has been said. Basis for judicial
precedent.
Civil and Criminal Cases
o Habeas corpus - Application for release from unlawful detainment.
o Ratio decidendi ­ The binding precedent and reasoning for a judge making a given
decision.
o Obiter dicta ­ Non-binding precedent, may include theoretical scenarios and `what
if's.
o Per incuriam ­ Where the CoA believes it made a previous error in judgement and
can therefore depart from it. Can only be used in extreme circumstances (Rickards v.
Rickards, Young's case)
o Mens rea ­ The mental element of a crime.
o Actus reus ­ The physical element of a crime.
o Novus actus interveniens ­ New and intervening act that breaks the chain of
causation.
o Nexus ­ A bond/link/tie etc.
o Res ipsa loquitur ­ A thing speaks for itself (Byrne v. Boudle (1863)).

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