FOL W6

Latin phrase for the concept of doctrine of precedent

• obiter dictum
• habeas corpus
• mens rea
• stare decisis

Following the doctrine of precedent, there are TWO main principles...

• like cases are to be treated alike

• obiter dictum
• reasoning in higher courts must be followed by lower courts

• judicial review

In Common Law systems, judges expand areas of law, sometimes drastically...

• Yes

• No

• Maybe a little bit

Common Law, the System and the principles, are inherited from

• China
• France
• Britain

• Germany

A common law system is primarily different from civil because...

• A common law system is based on legislation only.
• A common law system does not consider past cases.
• A common law system is not influenced by judicial decisions.
• A common law system relies on judicial decisions and precedents.

Common law derrives from

• Constitutional amendments
• Kings Bench, Court of Common Please

• Executive orders
• Legislation only

Where does EQUITY come from in common law systems?

• From the Magna Carta
• Court of Chancery

• Through legislative statutes
• By royal decree

What components are included in a legal case brief?

• title, author, publication date, genre, characters, plot, setting, and theme
• plaintiff, defendant, evidence, exhibits, witnesses, and verdict
• case name, court, date, judge, facts, issues, decisions, reasoning, and disposition
• case name, court, date, judge, facts, issues, decisions, reasoning, and conclusion

What part of a decision is BINDING to lower courts in a common law system?

• Precedence
• Obita Dicta

• Ratio decidendi

• Preceding law

Translation of Obita Dicta is...