Changing the way you learn

Question	Answer
Stare decisis	doctrine of judicial precedent
Ratio decidendi	Legal reason for the decision (why the defendant is/isn't guilty) BINDING
Obiter dicta	Statements not part of Ratio Decidendi, such as hypothetical situations or wider legal principles. PERSUASIVE
Per incuriam	A precedent is not binding where it was made without proper care (e.g. the judge hadn't looked at all previous precedents)
Ultra vires	Without power (delegated legislation can be challenged on the grounds that the person making it acted ultra vires, by exceeding their powers)
Eiusdem generis	General words mean the same kind of thing as the specific words they follow. Powell v Kempton Park Racecourse Co (1899)
Expressio unius exclusio alterius	Where a statute seeks to establish a list of what is covered by its provisions, then anything not expressly included in that list is specifically excluded.
Contra proferentum	Exclusion clause is interpreted against the person trying to rely on it. This usually results in the clause being interpreted narrowly Photo Productions Ltd v Securicor
Quantum meruit	What one has earned – you are entitled to be paid for work you have done
Res ipsa loquitor	The facts speak for themselves – so the claimant does not have to prove what happened
Volenti non-fit injuria	The claimant has freely consented to the negligent act

Terms to Remember

	Created by Tim Mitchell about 11 years ago