→ Angielskie Definicje Kserówka Common Law Precedents Vocab → Start læring / Last ned MP3 Flashcards

spørsmålet		svaret
to appeal begynn å lære		to ask a higher Court, tribunal or other judical body to review a decision or judgment to reverse or overrule part or all of it
the appellant begynn å lære		the party who applies for the appeal
respondent, appelee begynn å lære		the other party in the appeal
appellate Court (adj) begynn å lære		name given to the cords that hear Appeals
court of appeal (noun) begynn å lære		the name of the cord that is one step up from the high court and civil cases and the Crown Court for criminal cases
to bind begynn å lære		common law or statute must be obeyed and followed the court of 1st must follow the decisions of higher courts
Court of first instance begynn å lære		the name given to the course that here a case first, these courts can't set precedents but must follow these set by higher courts
to distinguish begynn å lære		the court that doesn't have to follow a binding precedent distinguish the precendet from the case and decide that this court doesn't have to follow precedent
high court of justice in England and Wales begynn å lære		the court of first instance for high value and importance claims, is divided into divisions: - the Family Division, the Queen's bench Division and the Chancery division
law reports begynn å lære		a large collection of judgments from many different courts in the legal English system
to overrule begynn å lære		an appellate court or tribunal has decided against an earlier decision or verdict and reverses or changes it
obiter dictum begynn å lære		=said in passing, things said by the way; refers to the part or parts of a judgment that are not the ratio decidendi and there are non-binding
precedent begynn å lære		Judgment of the Court which we're reaching down and followed in similar cases
original president begynn å lære		if the point of law in a case has never been decided before then whatever the judge decides will form a new precedent for future cases to follow
binding precedent begynn å lære		it's only created when the facts of the second case are sufficiently similar to the original case and the decision was made by a court which is senior to the court hearing the later case
persuasive precedent begynn å lære		precedent that is not binding on the court but the judge may consider it and decide that it is a correct principle so he's persuaded that he should follow it
ratio decidendi begynn å lære		=the reason for the decision; the most important part of the Judgment where the judge explains the reasons for the decisions the principles of law he used to come to the decision
to reverse begynn å lære		what a court higher up in the hierarchy overturn the decision of a lower court on appeal in the same case
Supreme Court begynn å lære		the highest court in England and Wales, it is the ultimate appellate court and can hear appeals from all of the courts in England and Wales
to uphold begynn å lære		an appellate court has heard the appeal and agrees with the verdict of the lower court, the opposition of to reverse or to overrule

angielskie definicje kserówka Common Law precedents vocab

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