law developed mainly from judicial decisions based on precedent as opposed to statute; synonymous with case law. not defined in acts of parliament
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Precedent
the binding judicial decision
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Obiter dicta
things said "by the way". Not binding ,just comments and remarks‘Obiter dictum is comments made by the judges.’3It means that “incidental remarks by a judge” which is persuasive only
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Stare Dicisis
‘to stand by things decided’ principle of following previous decisions of the court that are relevant to current case
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Statute
same as an act ,binding piece of legislation
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Ratio Decidendi
reason behind the decison it is the rule established by the decision, binding on equal or lower court‘Ratio decidendi is the legal principle of the case which is binding on the lower courts. It is also the reason for deciding."
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Subjective recklessness
d aware of risk of consequence acts anyway
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example of ratio dicidendi from Donoghue V Stephenson
‘neighbour principle"
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Other cards in this set
Card 2
Front
the binding judicial decision
Back
Precedent
Card 3
Front
things said "by the way". Not binding ,just comments and remarks‘Obiter dictum is comments made by the judges.’3It means that “incidental remarks by a judge” which is persuasive only
Back
Card 4
Front
‘to stand by things decided’ principle of following previous decisions of the court that are relevant to current case
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