Law - Latin Terms

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STARE DECISIS - Latin Terms

STARE DECISIS

'stand by whats been said'

legal principle in litigation of determining points according to precedent.

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RATIO DECIDENDI - Latin Terms

RATIO DECIDENDI

Reason for the decision

the legal principle the case establishes (BINDING- has to be followed)

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OBITER DICTA - Latin Terms

OBITER DICTA

'other things said'

Not essentials (PERSUASIVE - can be used in later cases)

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PER INCURIAM - Latin Terms

PER INCURIAM

'through lack of care'

a case judged erroneously

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RES JUDICATA - Latin Terms

RES JUDICATA

'a matter already judged'

case no longer open nor can it be reopened

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