angielskie definicje kserówka Common Law precedents vocab

to appeal

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

the party who applies for the appeal

respondent, appelee

the other party in the appeal

appellate Court (adj)

name given to the cords that hear Appeals

court of appeal (noun)

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

common law or statute must be obeyed and followed

Court of first instance

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

the court that doesn't have to follow a binding precedent

high court of justice in England and Wales

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

a large collection of judgments from many different courts in the legal English system

to overrule

an appellate court or tribunal has decided against an earlier decision or verdict and reverses or changes it

obiter dictum

=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

Judgment of the Court which we're reaching down and followed in similar cases

original president

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

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

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

=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

what a court higher up in the hierarchy overturn the decision of a lower court on appeal in the same case

Supreme Court

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

an appellate court has heard the appeal and agrees with the verdict of the lower court, the opposition of to reverse or to overrule