CAPE Law Unit 1 key terms

The doctrine that courts must follow legal principles established by earlier decisions of superior courts in the same hierarchy, so that like cases are decided alike and the law stays predictable.

The essential legal reason or principle on which a court's decision rests; this binding part of a judgment must be applied in later cases with materially similar facts.

Remarks a judge makes in passing that are not necessary to the decision. They carry persuasive weight only and are never binding on later courts.

A technique by which a court avoids applying a precedent by showing that the material facts of the present case differ from those of the earlier decision.

When a higher court in a later case declares that a legal rule laid down in an earlier decision is wrong and no longer good law.

A previous court decision that serves as an authority or guide for deciding later cases involving similar facts or legal issues.

A decision that a court is not obliged to follow but may consider convincing, such as judgments from other jurisdictions or lower courts in the same hierarchy.

A body of principles developed historically by the Court of Chancery to soften the rigidity of the common law, supplying remedies such as injunctions and specific performance.

Law created by judges through decided cases rather than by statute; also refers historically to the body of law applied uniformly across England after the Norman conquest.

Short guiding principles that shape how equitable relief is granted, for example that he who comes to equity must come with clean hands.

An equitable court order requiring a party to do something (mandatory) or to refrain from doing something (prohibitory), granted where damages would be inadequate.

An equitable remedy compelling a party to carry out a contractual promise, usually available only where the subject matter is unique and damages are inadequate.

A written law enacted by the legislature. Statutes take precedence over judge-made law and are interpreted by courts using recognised rules of construction.

A rule of statutory interpretation under which words are given their ordinary dictionary meaning, even if the result appears absurd or harsh.

A rule of statutory interpretation allowing a court to depart from the ordinary meaning of words to avoid an absurd result or a repugnant outcome.

A rule of statutory interpretation that asks what defect or wrong the statute was passed to remedy, then construes the words to suppress that mischief.

The constitutional principle dividing governmental authority among the legislature, the executive and the judiciary so that no single body exercises unchecked power.

The principle that everyone, including the government, is subject to the law, that laws are applied equally and fairly, and that disputes are resolved by independent courts.

The freedom of judges to decide cases impartially, without interference from the executive, the legislature or private interests, secured by tenure and salary protections.

The fundamental set of rules establishing the institutions of the state, allocating public power and defining the relationship between the state and its citizens.

A constitutional clause that can be altered only by a special, more demanding procedure than an ordinary legislative majority, protecting it from easy repeal.

A direct vote by the electorate on a specific constitutional or legislative question, often required before an entrenched provision can be changed.

Rules, regulations or orders made by a body to which Parliament has granted law-making authority, usually a minister, local authority or statutory body.

Literally beyond the powers. An act or piece of delegated legislation is ultra vires if it exceeds the authority conferred by the enabling statute and is therefore invalid.

A court proceeding in which the legality of a public body's decision or action is examined, not its merits, and relief may be granted if it acted unlawfully.

Two minimum standards of fair procedure: the right to a fair hearing and the rule that no one should be judge in their own cause.

Latin for hear the other side; the principle that a person affected by a decision must be given notice of the case against them and an opportunity to respond.

The doctrine that Parliament is the supreme law-making body, able to make or unmake any law, and that courts cannot invalidate an Act of Parliament.

A definite promise or proposal made with the intention that it shall become binding as soon as the other party accepts it on the stated terms.

A preliminary communication inviting the other party to make an offer, such as goods displayed in a shop window or an advertisement of prices.

Unqualified agreement to all the terms of an offer, communicated to the offeror, which turns the offer into a binding contract.

The rule that acceptance by post takes effect when the letter is properly posted, not when it is received, provided posting was contemplated by the parties.

Something of value given by each party in exchange for the other's promise; it must be sufficient in law though need not be adequate in value.

A requirement that the parties meant their agreement to have legal consequences; presumed in commercial dealings but not in social or domestic arrangements.

The legal ability of a person to enter into a binding contract, which may be limited by youth, mental disorder, intoxication or corporate status.

Persons below the age of majority. Contracts with them are generally enforceable against the minor only if for necessaries or beneficial contracts of service.

A valid contract that one party may elect to rescind because of defective consent, such as misrepresentation, duress or undue influence.

A false statement of existing fact made by one party that induces the other to enter the contract, giving rise to rescission and possibly damages.

Unfair pressure arising from a relationship of trust and confidence, which may render a contract voidable where the stronger party abused that relationship.

Withdrawal of an offer by the offeror before it has been accepted, which is effective only if communicated to the offeree before acceptance.