Latin words

Question 1

ratio decidendi

Answer 1

Latin for ‘the reason for deciding.’

the reason for decision in a case; the judge’s decision based on the material facts

Question 2

obiter dictum

Answer 2

‘A passing comment’
Legal principles or remarks made by judges that do not affect the outcome of the case.
Obiter may help to illustrate a judge’s reasoning, but obiter is not necessary for the decision reached.
does not form binding precedent

Question 3

A fortiori

Answer 3

Latin for “with even stronger reason,” which applies to a situation in which if one thing is true then it can be inferred that a second thing is even more certainly true.

Question 4

Curia Regis

Answer 4

refers to the Kings Court, a trusted body of advisors to the King

Question 5

Habeas Corpus

Answer 5

Latin: Produce the body = court order demanding that an public official deliver an imprisoned individual to the court and show a valid reason for that person’s detention

Question 6

Inter alia

Answer 6

Among other things

Question 7

inter se

Answer 7

Latin: “among themselves”

used to distinguish rights or duties between two or more parties from their rights or duties to others

Question 8

Stare decisis et non quieta movere

Answer 8

Latin” “to stand by decisions and not disturb the undisturbed”
AKA Doctrine of Precedent - the legal principle by which courts are obliged to respect the principles established by prior cases
lies at the heart of all common law systems

Question 9

terra nullius

Answer 9

Latin: ‘Land belonging to no one’

A legal fiction proved materially incorrect in Mabo (No 2)

Question 10

Ultra vires

Answer 10

Done beyond one’s legal power or authority