ECON 367 Lecture Notes - Lecture 17: Precedent, Douglas College, Obiter Dictum
Document Summary
Econ 367: economic analysis of law (lecture 17) Stare decisis: the principle of determining cases according to precedent. Injunction: a court order that compels a party to refrain from doing something. Ratio decedendi: the binding rule of law on which the case is decided. )n obiter: something said (cid:498)by the way(cid:499), a statement made by the judge that may not be directly relevant to the case and therefore not binding. Due process: fair treatment through the legal process, every citizen is entitled to this. Quia timet: an injunction to restrain wrongful acts that are imminent but have not yet commenced. (cid:498)every individual(cid:499) means just bodies, includes refugees. (cid:498)every citizen(cid:499) means only those who have a right to vote (cid:523)or will once they turn legal age(cid:499) * applies to all delegated authorities as well; you can"t delegate out of responsibility, still controlled by charter. This is complicated; this area of law is developing.
