Lecture 3 – Legal Methods: Key Terms (Judicial Decisions & Statutory Interpretation) - Vocabulary

Vocabulary flashcards covering the key terms and concepts from Judicial Decisions and Statutory Interpretation in the lecture.

Judicial precedent

Past court decisions that establish rules used to decide future cases, providing certainty and uniformity in the law.

Stare decisis

The doctrine that prior decisions in the same or higher courts must be followed by courts in the same hierarchy.

Obita dictum

Statements in a judicial decision that are not essential to the decision; carry less weight and are not binding as precedent.

Ratio decidendi

The underlying legal principle or reasoning that forms the binding part of a decision.

Jurisdiction

Legal authority of courts to hear and decide cases, derived from the Constitution, statutes, or precedent.

Decision

A court's determination addressing questions of law (and fact) that disposes of the case.

Judgment

The court’s formal written decision after applying the law to the facts.

Opinion

A judge’s reasoning or view expressed in a decision; not always binding on later cases.

Legal opinion

A formal statement of law by a court or legal practitioner outlining conclusions.

Rule of law

The principle that all persons and governmental actions are bound by and subject to law.

Doctrine of Precedent

The principle that courts should follow decisions of higher or coordinate courts in the hierarchy.

Final court of appeal

The highest appellate court whose decisions bind all lower courts.

Subordinate court of appeal

An appellate court below the final court of appeal whose decisions may be reviewed by the higher court.

Precedent

A past judicial decision that serves as authority for deciding later similar cases.

Decision (as a legal proposition)

A judicial ruling that may establish a legal proposition binding future cases if it contains ratio decidendi.

Dictum

A statement in a judicial decision about how the judge would decide other cases; not part of the actual decision and not binding as precedent.

Intention of the Legislature

The true meaning or purpose of a statute; courts interpret words to reflect the legislature’s object and remedy mischief.

Interpretation

The process by which courts seek to ascertain the meaning of legislative provisions.

Construction

Drawing conclusions beyond the direct text from context or purpose to determine effects of a provision.

Context (Elementary Rule)

Read a statute in the statute’s whole context, including related laws and the mischief the statute addresses.

Long Title

Part of the Act that helps guide interpretation by describing object and scope; admissible aid.

Preamble

Introductory part expressing scope and purpose; not an enacting provision but aids interpretation.

Headings

Titles that guide interpretation; weight is limited and must align with the text.

Marginal Notes

Notes beside text; not controlling if the language of the section is clear.

Punctuation

Not a controlling factor in interpretation; may aid but should not override plain text.

Illustrations

Examples appended to a section; not part of the text but relevant to interpretation.

Definition Sections and Interpretation Clauses

Clauses that define terms to avoid repetition; if undefined, courts use established rules to interpret.

In pari materia

Statutes on the same subject treated together to clarify and interpret the overall system.

Dictionaries (in statutory interpretation)

Used to determine common meaning, but not binding if the interpretation clause provides a different sense.

Use of foreign decisions

Careful use of decisions from other systems; give priority to language and context of the applicable statute.

External aids to construction

Parliamentary history, historical facts, surrounding circumstances, and related materials used to interpret statutes.

Parliamentary History

Material from the legislative process used to clarify ambiguous or absurd wording; admissible under strict limits.

Historical facts and surrounding circumstances

External facts considered to understand the statute’s subject matter at the time of enactment.

Later social, political and economic developments

Statutes may be interpreted to cover conditions not present when enacted.

Proviso

An exception or qualification to a provision; normally not used to extend or imply broader rules.

Transitional Provisions

Temporary provisions governing the transition from old to new rules, active until their purpose is fulfilled.