terminology

Question 1

Overrule

Answer 1

higher court in later case declares decisions of an inferior court wrong

Question 2

Depart

Answer 2

Supreme Court sets aside or revokes a lower court decision in same appeal

Question 3

Distinguish

Answer 3

despite similar fact and legal principles to previous case, there is a difference and so the court can declare itself not to be bound

Question 4

Preamble

Answer 4

a clause at the beginning of a constitution or statute explaining reasons for its enactment.

Question 5

Enacting formula

Answer 5

short phrase that introduces the main provisions of a law enacted by a legislation

Question 6

Section, Clause

Answer 6

part of legal document, e.g. contract, that relates to a particular point

Question 7

Explanatory notes

Answer 7

not part of the statute but additional side info that may be needed and help to understand a case further

Question 8

Date of commencement

Answer 8

a date when a project starts as specified by a contract

Question 9

Act

Answer 9

a section or subsection of legislation

Question 10

Ratio Decidendi

Answer 10

the reason for the decision

Question 11

Per Curiam

Answer 11

by the courts

Question 12

Per Incuriam

Answer 12

through carelessness

Question 13

Stare Decisis

Answer 13

let the decision stand

Question 14

Ab initio

Answer 14

from the beginning

Question 15

Inter Alia

Answer 15

among other things

Question 16

Ultra Vires

Answer 16

beyond the powers

Question 17

Ejusdem Generis

Answer 17

of the same kind

Question 18

what does common law mean

Answer 18

English law in an unwritten constitution

Question 19

Equity

Answer 19

when the law is insufficient or inadequate, the concept of equity is used

Question 20

Legislation

Answer 20

written law for a country

Question 21

Delegated legislation

Answer 21

when the gov makes detailed changes to original acts of parliament

Question 22

Public law

Answer 22

the law that effects everyone

Question 23

Private law

Answer 23

law involving a relationship between 2 or more companies

Question 24

Noscitur a sociis

Answer 24

a thing known by its associates

Question 25

Distinguish

Answer 25

when the a case is distinguished it means that the courts have decided it is irrelevant to another case

Question 26

Ratio Decidendi

Answer 26

reason for the decision

Question 27

The literal rule

Answer 27

when words or definitions are given their literal meaning

Question 28

The Golden rule

Answer 28

when the literal rule would result in absurdity

Question 29

The Mischief rule

Answer 29

when the judges question the purposes for the legislation and decide against any ambiguity

Question 30

The Purposive/Contextual rule

Answer 30

when the context is relevant to the ratio decidendi

Question 31

Obiter Dictum

Answer 31

things said in passing

Question 32

Per curium

Answer 32

by the courts