Robin Camenzind
Karten 31 Karten
Lernende 0 Lernende
Sprache English
Stufe Universität
Erstellt / Aktualisiert 21.03.2014 / 03.11.2014
Lizenzierung Kein Urheberrechtsschutz (CC0)
0 Exakte Antworten 31 Text Antworten 0 Multiple Choice Antworten
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Obiter Dictum
Sayings by the way
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Adopted or affirmed...

Adopted:  followed or applied. Affirmed: agree with the earlier decision.
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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. 
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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. 
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if the court cannot overrule a case it may state (by way of obiter) that the earlier case is no longer good law.
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Distinguishing occurs where material differences between the facts of two cases are argued in order to avoid the application of a binding precedent.
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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.]