Law 101 - Latinisms

Amicus curiae

Amicus curiae is Latin for "friend of the court". It refers to a representative who is not party to the case, who presents information that is used in reaching the decision. Amicus curiae briefs are often used to present the views of a group of people who are not party to the case, but whose interests will be affected by the outcome of the case. An example of amicus curiae would be an advocacy group appearing before the court to express the interests of their group. Academics can also appear as amicus curiae to provide an academic perspective on the case.

Curia advisari vult

Curia advisari vult is Latin for "the court wishes to be advised". It indicates a reserved decision, where the judgment is delivered at a date after the case is heard. Such decisions are more thoroughly reasoned, and so carry more weight as precedent.

Obiter dictum

Obiter dictum is Latin for "by the way". Obiter dicta are statements of the principles of law that are not necessary to the decision, and do not form part of the ratio. Obiter can be posed as hypothetical fact situations,

Per incuriam

Per incuriam is Latin for "through want of care". This indicates that a decision has been reached without regard to relevant precedent or statute, and so had been wrongly decided. In order for a decision to be deemed per incuriam, the later court must be confident that the case would have been decided differently if the relevant case or statute had been considered. Only courts of co-ordinate or superior jurisdiction may rule that a case has been decided per incuriam (otherwise stare decisis would be undermined). Per incuriam decisions are not reliable precedent.

Res judicata

Res judicata is Latin for "the thing is at an end". This means that the case has exhausted all its available appeals, and is at an end. The case cannot be taken back to Court. This is necessary in order to prevent cases continuing on for undefined periods of time and wasting the time of the courts.

Stare decisis

Stare decisis is Latin for "stand by the decision." This is the doctrine of binding precedent, whereby like cases are treated alike. This doctrine allows judges to utilize the wisdom of their predecessors, and also ensures uniformity and predictability in the law.

Ultra vires

Ultra vires is Latin for "beyond the powers". This indicates that a court has made a decision that is beyond its jurisdiction. It will not be a reliable precedent.

Continued

converse cases, propositions on facts not material, or propositions on facts not proved. Statements of obiter dictum are not binding, but they can provide assistance to judges in deciding future cases.