Legal Terminology, Latin Maxims, and Citation Conventions
Core terminology
Legal terms carry precise consequences: “void” means no legal effect, while “voidable” means effective until avoided. “Res judicata” bars relitigation of a final judgment on the merits; “stare decisis” requires courts to follow binding precedent. “Ratio decidendi” is the binding reason; “obiter dictum” is persuasive at most. Other maxims include audi alteram partem (hear both sides), nemo judex in causa sua (no one judges his own case), and pacta sunt servanda (agreements are binding).
Citation conventions
A case citation typically gives the case name, reporter volume, reporter, first page, court, year, and pinpoint. A statute citation gives the title, section, and year. Pinpoints must match the proposition cited. Quotations require page references.
Worked example. A brief cites “Smith v Jones (2020) 12 ABC 345” for the rule that notice is required before termination. The cited page 345 states the facts, but the rule appears at page 350. The citation is incomplete and misleading; the correct pinpoint is 350, and the proposition should be stated as the court’s holding, not as obiter.
Traps
- Citing obiter dictum as binding precedent.
- Using res judicata when issue preclusion is meant.
- Omitting the pinpoint page.
- Confusing “void” and “voidable” in drafting.