PresentationVocabularyNaples

binding precedent

Binding precedent means a precedent or an existing law that courts are bound to follow. For example, a lower court is bound to follow an applicable holding of a higher court in the same jurisdiction. Such precedents are also termed authoritative precedent or binding authority.

entrenchment;

Definition of entrench. transitive verb. 1 a : to place within or surround with a trench especially for defense. b : to place (oneself) in a strong defensive position. c : to establish solidly. Legal meaning: An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party.

ratio decidendi;

Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes"

Doctrine of stare decisis;

The doctrine of stare decisis means that courts look to past, similar issues to guide their decisions. The past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later.

to abide;

abide əˈbʌɪd verb 1. accept or act in accordance with (a rule, decision, or recommendation). "I said I would abide by their decision" synonyms: comply with, obey, observe, follow, keep to, hold to, conform to, adhere to, stick to, stand by, act in accordance with, uphold, heed, pay attention to, agree to/with, consent to, accede to, accept, acquiesce in, go along with, acknowledge, respect, defer to "he expected everybody to abide by the rules" 2. informal be unable to tolerate. "if there is one thing I cannot abide it is a lack of discipline" synonyms: tolerate, bear, stand, put up with, endure, suffer, accept, cope with, live with, brook, support, take, countenance, face, handle;

concurring;

concur kənˈkəː verb gerund or present participle: concurring 1. be of the same opinion; agree. "the authors concurred with the majority" synonyms: agree, be in agreement, be in accord, be in accordance, accord, go along, fall in, be in harmony, be in sympathy; More 2. happen or occur at the same time; coincide. "in tests, cytogenetic determination has been found to concur with enzymatic determination" synonyms: coincide, happen/occur together, happen/occur simultaneously, happen/occur at the same time, be simultaneous, be concurrent, synchronize, coexist; clash "the two events concurred"

construction

construction kənˈstrʌkʃ(ə)n noun 1. the action of building something, typically a large structure. "there was a skyscraper under construction" synonyms: building, erection, putting up, setting up, raising, establishment, assembly, manufacture, fabrication, forming, fashioning, contriving, creation, making "the construction of a new airport" 2. the creation of an abstract entity. "language plays a large part in our construction of reality"

custom;

custom ˈkʌstəm noun 1. a traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time. "the old English custom of dancing round the maypole" synonyms: tradition, practice, usage, observance, way, convention, procedure, ceremony, ritual, ordinance, form, formality, fashion, mode, manner; 2. BRITISH regular dealings with a shop or business by customers. "if you keep me waiting, I will take my custom elsewhere" synonyms: business, patronage, trade, support "if you keep me waiting I will take my custom elsewhere" adjectiveNORTH AMERICAN 1. made or done to order; custom-made. "a custom guitar"

dissenting;

dissent dɪˈsɛnt verb gerund or present participle: dissenting hold or express opinions that are at variance with those commonly or officially held. "two members dissented from the majority" disagree with the doctrine of an established or orthodox Church. synonyms: differ, demur, diverge;

distinguishing;

distinguishing dɪˈstɪŋɡwɪʃɪŋ adjective characteristic of one thing or person, so serving to identify it; distinctive. "a house with no distinguishing features"

to expound;

expound ɪkˈspaʊnd,ɛkˈspaʊnd verb present and explain (a theory or idea) in detail. "he was expounding a powerful argument" synonyms: present, put forward, set forth, proffer, offer, advance, propose, propound, frame, give an account of, recount; explain the meaning of (a literary or doctrinal work). "the abbess expounded the scriptures to her nuns" synonyms: explain, interpret, explicate, elucidate;

misrepresentation;

misrepresentation ˌmɪsrɛprɪzɛnˈteɪʃn/Submit noun the action or offence of giving a false or misleading account of the nature of something. "she is seeking damages on allegations of misrepresentation"

oath;

oath əʊθ noun 1. a solemn promise, often invoking a divine witness, regarding one's future action or behaviour. "they took an oath of allegiance to the king" synonyms: vow, sworn statement, promise, pledge, avowal, affirmation, attestation, word of honour, word, bond, guarantee, guaranty; archaictroth "an oath of allegiance to the king" 2. a profane or offensive expression used to express anger or other strong emotions. "he exploded with a mouthful of oaths" synonyms: swear word, profanity, expletive, four-letter word, dirty word, obscenity, imprecation, curse, malediction, blasphemy;

overruling;

overrule əʊvəˈruːl verb gerund or present participle: overruling reject or disallow by exercising one's superior authority. "Chief Judge Moran overruled the government's objections" synonyms: countermand, cancel, reverse, rescind, repeal, revoke, retract, withdraw, take back, rule against, disallow, override, veto, set aside, quash, overturn, overthrow, repudiate, recant, annul, nullify, declare null and void, invalidate, negate, void, abrogate; reject the decision or opinion of. "welfare staff overruled an experienced detective"

A waiver or to waive

waiver ˈweɪvə noun an act or instance of waiving a right or claim. "their acquiescence could amount to a waiver" synonyms: renunciation, surrender, repudiation, rejection, relinquishment, abdication, disavowal, refusal, disaffirmation, dispensation, abandonment, deferral; a document recording the waiving of a right or claim.

to waver;

waver ˈweɪvə verb 1. move in a quivering way; flicker. "the flame wavered in the draught" synonyms: flicker, quiver, tremble, twinkle, glimmer, wink, blink "the candlelight in the room wavered in a warm draught" 2. become weaker; falter. "his love for her had never wavered" synonyms: become unsteady, falter, wobble, tremble, hesitate "his voice wavered with a hint of uncertainty"

to vindicate;

ˈvɪndɪkeɪt/Submit verb clear (someone) of blame or suspicion. "hospital staff were vindicated by the inquest verdict" synonyms: acquit, clear, absolve, free from blame, declare innocent, exonerate, exculpate, discharge, liberate, free, deliver, redeem; show or prove to be right, reasonable, or justified. "more sober views were vindicated by events" synonyms: justify, warrant, substantiate, establish, demonstrate, ratify, authenticate, verify, confirm, corroborate, prove, defend, offer grounds for, support, back, evidenc

oracle;

ˈɒrək(ə)l noun 1.a priest or priestess acting as a medium through whom advice or prophecy was sought from the gods in classical antiquity. 2. archaic a response or message given by an oracle, especially an ambiguous one.