USC


Robin Camenzind
This flashcard set covers university-level topics in business law and ethics, focusing on key concepts like court decisions, legislation, and the doctrine of precedent. It delves into the interpretation of laws, the hierarchy of courts, and the principles governing case law and statutory interpretation. This set is particularly useful for law students and professionals who need to understand the intricacies of legal principles, the role of courts in shaping law, and the application of precedents in legal practice.
Cartes-fiches
31
Utilisateurs
0
Langue
Anglais
Catégorie
Droit
Niveau
Université
Créé / Mis à jour
21.03.2014 / 03.11.2014

Cartes-fiches

Obiter Dictum

Sayings by the way

Adopted or affirmed...

Adopted:  followed or applied. Affirmed: agree with the earlier decision.

Reversing

When a case is heard on appeal and the appellate court finds for the party who lost in the original hearing, the decision is said to be reversed. 

Over-ruling

A court over-rules a decision when it considers an earlier decision of a lower court and declares it to be no longer good law. 

Disapproved

if the court cannot overrule a case it may state (by way of obiter) that the earlier case is no longer good law.

Distinguishing

Distinguishing occurs where material differences between the facts of two cases are argued in order to avoid the application of a binding precedent.

Case Law and Statutory Interpretation

The role of the courts in interpreting legislation Principles of law developed through the interpretation of legislation, viz: When the legislation is unclear, or capable of more than one meaning, or could produce different, inconsistent results given different fact situations, the courts interpret its meaning in such as way as to resolve the difficulty. [NB: you are NOT required to know about rules of statutory interpretation ( pp.102-110) for assessment purposes.]

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