Terms Flashcards
(25 cards)
Rules
Rules are codes of discipline like customs, but have greater importance because sanctions can be associated with them
Custom
A custom is the usual way of doing something
Law
Laws are rules of the state and the sanction for breaking them comes from the state
Fairness
An outcome where no one feels aggrieved by an outcome or occurrence
Equality and justice
Not depriving individuals of equal opportunities for invalid reasons
Values and ethics
Morals and things we hold dear and guide our lifestyle and choices
Actus reus
‘Guilty act’
Audi alteram partem
‘All parties be heard’
Corpus juris civilis
Roman law compilation of the four parts
Doli incapax
A person under 12 can not be charged with a criminal act
Ex officio
Rising as a result of a persons position
Habeus corpus
No person can be detained without reason (charged)
Jus cogens
No nation or state should pass laws inconsistent with international law
Mandamus
A court order that forces a public official to carry out its duties
Mea culpa
Guilty of the act
Mens rea
‘Guilty mind’
Nemo debet lucupletari aliena jactura
‘No one may benefit from the loss of another’
Nemo judex in causa sua
The requirement for impartiality by the judge
Obiter dictum
Judicial remarks that do not contribute to the reasons for a decision
Prima facie
‘On the face of it’
Ratio decidendi
‘Reason for deciding’
Stare decisis
‘Let the decision stand’
Subpoena
‘Under a penalty’
Terra nullius
‘Empty land’
