Legal Foundations

What does 'ratio decidendi' mean?

• Latin term meaning 'let the decision stand'

• The legal reasoning behind a judge’s decision

• A Latin term meaning ‘by the way’; comments made by the judge that may be persuasive in future cases

• The burden of proof required in a civil case

Obiter Dictum means...

• A Latin term meaning ‘let the decision stand’,

• A Latin term for 'binding precedent'

• A Latin term meaning ‘by the way’; comments made by the judge that may be persuasive in future cases

• The basis of statutory interpretation

Which of these are not part of the Victorian court hierarchy?

• Supreme Court

• County Court

• Circuit Court

• Magistrates' Court

• High Court

_______________ precedent means that lower courts in the hierarchy are not obliged to follow the precedent but may choose to do so

Courts can ___________ precedents to avoid using them (select all that apply)

• disapprove

• codify

• abrogate

• over-rule

• reverse

Statute law is the most common type of law-making in Australia

• True

• False

Precedents also apply to sanctions, and lower courts are bound to follow the decisions of higher courts

• True

• False

What could a judge argue to avoid being bound by precedent?

What is persuasive precedent? When does it apply?

What principle underlines the doctrine of precedent?

• Obiter Dictum

• Ratio decidendi

• Stare decisis

• Mens rea