Latin Terms for Legal Studies Essay Example for Free

Latin Terms for Legal Studies Essay Two of the more important maxims (guides or aids) commonly used by the courts are (pg. 20): Noscitur a sociis: (It is known from its associates) is used where a word is ambiguous or unclear in a group of specific words. Its meaning is limited to the same class or types of things as the specific words. Ejusdem generis: Means of the same kind, class or nature and is known as the class rule. Under this rule, the broad, general word is limited to the same class as the more specific words preceding it. Under subsidiary legislation (pg. 23): Ultra vires: Beyond one’s legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent may comprise res judicata, ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties, there is a definite issue and the court has so decided the issue acting within its jurisdiction. Judgement in the strictest sense. Only applies to the immediate parties. Ratio decidendi: It’s the reason for the decision. In a case, in addition to the res judicata the legal reasoning upon which the decision in that case was based may be used by judges in future cases when confronted with similar facts. This is called the ratio decidendi of the case. Obiter dictum: Anything else said about the law in the course of a judgement that does not form part of the matters at issue is called obiter dictum (sayings by the way). It has no binding power, although it can exercise an extremely strong influence in a lower court, and even in a court of equivalent standing, depending on the court and the judge. Stare decisis: Process of following an established procedure, which literally means ‘to stand by a decision.’ Obiter: Said in passing. / Said by the way. Under Hierarchy of Precedents : Pari materia (pg. 32): Of the same matter; on the same subject. The phrase used in connection with two laws relating to the same subject matter that must be analyzed with each other. Per incuriam (pg. 33): Literally translated as through lack of care, per incuriam refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. CHAPTER 3 Under Constitutional review (pg. 49): Â  ab-initio: From the beginning; from the first act; from the inception. An agreement is said to be void ab initio if it has at no time had any legal validity. Under Statutory interpretation (pg. 49): Sui generis: Of its own kind or class. That which is the only one of its kind. Under Magistrate Courts (pg. 54): Mesne profits: The profits of an estate received by a tenant in wrongful possession and recoverable by the landlord. Ex parte (Lost the page, sorry!): On one side only. Done by, for, or on the application of one party alone.