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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

distinguishing cases

A

-ratio is not applicable because the cases not sufficiently alike
-courts are not bound to follow legal reasoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

ratio decidendi

A

-the rationale or reason for the decision
-legal rule made from the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

orbiter dicter

A

observation of comments made by court when arriving at a ratio/deciding a case
-considered helpful but not binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly