Introduction to Law Flashcards
0
Q
Common law
A
Judge made (or decision based) law
1
Q
Statutory law
A
Legislation
2
Q
When there is a conflict between common law principal and a statute law which prevails?
A
Statute law shall always prevail
3
Q
Doctrine of precedent
A
- Like cases ought to be decided alike
- A precedent is a judgement or decision of a court cited as authority for deciding a similar set of facts
- Precedent is used to give stability to the judicial system it provides a level of predictability
4
Q
RATIO DECIDENDI
A
The reason for a decision
5
Q
OBITER DICTUM
A
A saying/observation by the way
6
Q
Original precedents
A
Those which create and apply a new rule
7
Q
Declaratory precedents
A
Those which merely suggest the application of an already existing rule of law
8
Q
Authoritative precedents
A
Those which are binding and must be followed
9
Q
Persuasive precedents
A
Those which need not be followed but are worthy of consideration
