LGLS 1000U Study Guide - Midterm Guide: Parliamentary Sovereignty, Ratio Decidendi, Precedent
Document Summary
Stare decisis: precedent - based on similar facts. Principle in common law that requires lower courts to follow decisions of higher courts. Ratio decidendi: reasons for courts decision latin for the reason (binding) Obiter dicta: other things said in a given decision (persuasive) Legal systems are approximates of natural law. Law must have merit to be true, merit is measured according to the moral. Natural law is grounded in the god, or rationality. Interpret law for what it is, not what it ought to be. Law is nothing more than what it is declared, proclaimed, written. External merit not part of evaluation, evaluate law according to validity. Hard cases aren"t straightforward - legal principles can be myriad and competing. Non-legal, non natural factors can influence legal decision making. Evaluate law, understand how law is made, according to perspective of the marginalized. A given government can remain in power only as long as it enjoys the support of the legislature.
