latin terms

What does ratio decidendi mean in your lectures?

The rationale for the decision: the fundamental legal principle or principles used to reach it. The ratio can be binding precedent, subject to the relevant hierarchy and sufficient similarity between cases.

What does obiter dicta mean in your lectures?

Other things said in a judgment which are not essential to its decision. They may persuade later courts but are not binding.

What does stare decisis mean in your lectures?

“Let the decision stand”: lower courts must follow applicable binding precedents from higher courts in sufficiently similar cases.

What does per incuriam mean in your lectures?

The lecturer describes this as an argument that earlier judges made a mistake of law. It is presented as rare in modern practice.

What does ultra vires mean in your lectures?

“Beyond the power”: legislation exceeds the authority granted to its maker. Secondary legislation exceeding the powers in its parent Act is not law.

What does nobile officium mean in your lectures?

An exceptional power of the Court of Session and High Court of Justiciary to provide a remedy where no existing legal remedy is available. Rarely used; its exercise may establish binding precedent.

Which Latin term identifies the fundamental principle behind a judicial decision?

Ratio decidendi.

Which Latin term describes non-essential judicial comments that may be persuasive?

Obiter dicta.

Which Latin term expresses the requirement to follow applicable higher-court precedent?

Stare decisis.

Which Latin term is used for the rare argument that an earlier judgment involved a mistake of law?

Per incuriam, as described by the lecturer.

Which Latin term means “beyond the power”?

Ultra vires.

Which Latin term refers to the exceptional power to provide a remedy where no existing legal remedy is available?

Nobile officium.

What is the difference between ratio decidendi and obiter dicta?

Ratio is the reasoning fundamental to the decision and may bind later courts; obiter is non-essential commentary and is persuasive.

Does stare decisis apply regardless of the facts of the later case?

No. The cases must be sufficiently similar for the binding precedent to apply.

Which two courts exercise the nobile officium in your lecture?

The Court of Session and the High Court of Justiciary.

Does merely disagreeing with an earlier case make a per incuriam argument routine?

No. The lecturer describes per incuriam as a rare argument alleging a mistake of law in the earlier decision.

What are Acts of Sederunt in the lecture?

Rules of civil court procedure, mentioned when discussing the Sheriff Court. The transcript corrects the spelling on the slide.

What is a procurator fiscal in the lecture?

A legally trained prosecutor who brings criminal prosecutions, including in the Sheriff Court. This is a related Scottish office title rather than one of the six core Latin phrases.