Flashcards in The Concept Of Law Deck (19):
‘Stare decisis’ is Latin for:
Let the decision stand - this doctrine requires our courts under the Common Law system to follow the rulings and decisions in precedents (previously decided cases)
The doctrine of ______ ________ provides certainty, uniformity and predictability which promotes a stable legal environment.
‘Per incuriam’ is Latin for:
In error. Characterised by lack of proper regard for the law or the facts
What is “distinguishing”?
In regards to precedent, a judge “distinguishes” by making a decision about significant factual differences between the current case and the precedent case
What is “overruling”?
When a court is asked to review whether a precedent from a lower court is correct law
What is “reversing”?
When a higher court changes the decision of a lower court on the same facts
________ precedent that is not absolutely binding on a court but which may be applied.
Persuasive precedent. The judge will refer to these precedents, and can influence their decisions, but they are not bindinf.
A _____ precedent is a decided case which the court must follow.
Binding. Bidning judicial precedent is based on the premise that the function of judges is not to CREATE law, but to FIND law in comformity with existing legal rule.
The _____ is “the supreme law of the land..”
The Constitution (Jamaica Orders-in-Council Constitution , section 2
The process of making laws is known as ______
What is primary legislation?
Primary legislation is laws made by Parliament (statutes)
What is secondary/subsidiary legislation?
Secondary legislation is made by a government authority that is given power by Parliament to make such legislation.
____ as a source of law was originally inspired by ideas of fairness and natural justice.
what is 'rectification'?
The equitable remedy of correcting of mistakes made in recording agreements. By its nature, rectification is only applicable in the case of written contracts.
What is 'restitution'?
A remedy based upon the principle of unjust enrichment. For the claimant to bring a restitutionary claim, the defendant must have been unjustly enriched at the expense of the claimant.
What is the Mareva Injunction?
a court order freezing a debtor's assets to prevent them being taken abroad.
What is an Anton Piller order?
a court order which requires the defendant in proceedings to permit the plaintiff or his or her legal representatives to enter the defendant's premises in order to obtain evidence essential to the plaintiff's case.
True or false: a Court of Appeal is bound by its own decisions.
True. See - Vierra v. Winchester (1966)