basic principles Flashcards
1
Q
like cases are decided alike
A
-judges decide cases according to law
-not personal whim
-case with sufficiently similar facts ought to be decided with the same legal rules and principles to cases with similar facts
2
Q
distinguishing cases
A
-ratio is not applicable because the cases not sufficiently alike
-courts are not bound to follow legal reasoning
3
Q
the common law develops through
A
judges taking the ratio of a previous case and deciding how it ought to apply in present cases
4
Q
ratio decidendi
A
-the rationale or reason for the decision
-legal rule made from the case
5
Q
orbiter dicter
A
observation of comments made by court when arriving at a ratio/deciding a case
-considered helpful but not binding
6
Q
A
