Common law

Intrinsic material

Material found in an Act of parliament that may assist a judge to interpret its meaning.

Extrinsic material

Material not part of an Act of parliament that may assist a judge to interpret the meaning of the words.

Distinguish

A court decides that the main facts of a case are sufficiently different to a previous precedent and therefore that precedent is not binding.

Disapprove

A court expresses disapproval of an existing precedent but is still bound by it.

Reverse

A higher court makes a different decision that a lower court in the same case of appeal.

Overrule

A new case in a higher court creates a new precedent, which means the previous precedent in a different case no longer applies.

Persuasive precedent

A reason for a decision of any other court that is of persuasive value only. It is not binding but it is relevant to the case and an important statement of law.

Obiter dictum

A statement made by a judge on a legal question (often said 'by the way'), not requiring a decision to be made on the issue and therefore not precedent.

Ex post facto

After the act or omission took place - courts make laws ex post facto

Common law

Common law is a system of deciding cases that originated in England. It is based on decisions made by judges that form a part of law.

Ejusdem gereris

Legal rule meaning 'of the same kind', used by judges to help them interpret the words in a statute.

Doctrine of precedent

The common-law principle by which the reasons for the decisions of courts higher in the hierarchy are binding on courts lower in the hierarchy where the material facts are similar. This applies to important facts that could effect the outcome of the case.

Stare decisis

The principle at the heart of the doctrine of precedent (literally 'to stand by what is decided')

Precedent

The reason for a court decision that is followed by another court lower in the hierarchy.

Ratio decidendi

The reason for a decision (the binding part of a decision).

Binding precedent

The reason for a decision of a higher court that must be followed by a lower court in the same hierarchy.

Statutory interpretation

When judges interpret the meaning of a word or phrase in an Act of parliament (a statute).