Courts and the Law

Judiciary

The third arm of government responsible for interpreting laws and ensuring justice.

Separation of Power

The principle that divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

Common Law

Law developed by judges through decisions in individual court cases, as opposed to statutes enacted by legislatures.

Judicial Power

The authority vested in courts to make legally binding decisions.

Case Law

Law established by the outcome of former cases and precedents set by judicial decisions.

Precedent

A judicial decision that is used as an example or authority for interpreting a subsequent case.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Jurisdiction

The official power to make legal decisions and judgments.

Binding Precedent

A precedent that must be followed by lower courts in the same jurisdiction.

Persuasive Precedent

A precedent that is not binding but can influence a court's decision.

Literal Rule

The principle of legal interpretation that interprets words in their ordinary meaning.

Golden Rule

A method of statutory interpretation that allows a judge to depart from a word's normal meaning to avoid an absurd result.

Mischief Rule

A rule used to interpret statutes based on the intent of the lawmaker to prevent the mischief the legislation was intended to address.

Purposive Approach

Interpretation method focusing on the purpose and intention behind a law, considering the text, context, and purpose.

Judicial Discretion

The power of a judge to make choices based on their judgment and opinions when interpreting or applying the law.

Natural Justice

The legal principle that ensures fair decision-making processes in judicial proceedings.

Statutory Interpretation

The process by which courts interpret and apply legislation.

Legal Maxims

Established principles or rules of law that guide judicial interpretation.

Doctrine of Precedent

The legal doctrine that obliges courts to follow historical cases when making a ruling on a similar case.

Material Facts

Facts that are significant enough to impact the court's decision in a legal case.

Obiter Dicta

Remarks made by a judge in a decision that are not essential to the resolution of the case and do not have binding precedent.

Ratio Decidendi

The legal principle or reasoning upon which a court's decision is based.

Judicial Independence

The concept that the judiciary should be independent from the other branches of government, allowing them to make decisions free of external pressures.

Checks and Balances

Mechanisms that prevent any one branch of government from exerting too much power over the others.

Disapproving Decision

When a lower court disagrees with a superior court precedent but is required to follow it due to the principle of stare decisis.

Reversing the Decision

When an appellate court changes a lower court's decision upon appeal.

Overruling the Decision

When a higher court sets aside a precedent established by a lower court.

Evolution of Common Law

The gradual development of law through judicial decisions that reflect current societal values and norms.

Extraneous Materials

External resources consulted by judges to understand the meaning of ambiguous statutes.