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ratio decidendi

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Australia Acts

Australia Acts  

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Overview Page
Subject:
Law
Two substantially identical Acts passed in 1986 by the Australian and UK Parliaments, preceded by enabling legislation in the Australian states. The Acts terminated the power of the UK Parliament ...
binding precedent

binding precedent  

Reference type:
Overview Page
Subject:
Law
A proposition of law (the ratio decidendi) for which a case is authority. The ratio decidendi must be applied in a later (instant) case if three conditions apply:(1) the ...
collective responsibility

collective responsibility  

Reference type:
Overview Page
A convention applied in the operations of the UK cabinet that decisions on important issues of policy should not be taken by individual ministers in advance of cabinet meetings, and that decisions, ...
Concurring judgments

Concurring judgments  

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Overview Page
Subject:
Law
A Justice who agrees in the result of a particular case may either join in the judgment of the Court, or of the majority, or may write a separate judgment ...
dissent

dissent  

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Overview Page
Subject:
Law
A judgment in a case on appeal, delivered by one or more judges, which reaches a different outcome from the majority of judges on the same case. A feature of ...
distinguish

distinguish  

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Overview Page
Subject:
Law
To find, upon analysis of a case before the court, that it is not on all fours with the rule of a case that is being considered as a binding ...
Garcia v National Australia Bank

Garcia v National Australia Bank  

Reference type:
Overview Page
Subject:
Law
(1998).In this case, the High Court was confronted with an anachronistic rule based upon controversial assumptions about the vulnerability of married women.Garcia concerned the circumstances in which ...
Herbert Vere Evatt

Herbert Vere Evatt  

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Overview Page
Subject:
History
(b. 30 Apr. 1894, d. 2 Nov. 1965).Australian Labor leader 1951–60 Born in East Maitland (New South Wales), Evatt taught at the University of Sydney before developing a law practice that specialized ...
Joint judgments and separate judgments

Joint judgments and separate judgments  

Reference type:
Overview Page
Subject:
Law
Courts decide legal disputes between parties. In so doing, they must frame orders that dispose of the disputes. But courts also frame rules of more general application in the course ...
Judicial reasoning

Judicial reasoning  

Reference type:
Overview Page
Subject:
Law
Refers both to the process of thought by which a judge reaches a conclusion as to the appropriate result in a case, and to the written explanation of that process ...
Kenneth Madison Hayne

Kenneth Madison Hayne  

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Overview Page
Subject:
Law
(born 5 June 1945; Justice since 1997)was appointed to the High Court in September 1997 from the Victorian Court of Appeal to replace Dawson. Although born in Gympie (the ...
Murray Gleeson

Murray Gleeson  

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Overview Page
Subject:
Law
(born 30 August 1938; Chief Justice since 1998)was the first Chief Justice of a state Supreme Court to be appointed as Chief Justice of the High Court since Griffith, whose Queensland Chief ...
obiter dictum

obiter dictum  

Reference type:
Overview Page
Subject:
Law
[Latin: a remark in passing]Something said by a judge while giving judgment that was not essential to the decision in the case. It does not form part of the * ratio decidendi of the case and ...
persuasiveness

persuasiveness  

Reference type:
Overview Page
Subject:
Law
In legal reasoning, the weight (if any) to be accorded a precedent or judicial opinion that is not binding in the instant case. The weight is determined after taking into ...
precedent

precedent  

Reference type:
Overview Page
Subject:
Law
N.A judgment or decision of a court, normally recorded in a law report, used as an authority for reaching the same decision in subsequent cases. In English law, judgments and decisions can represent ...
reasons for judgment

reasons for judgment  

Reference type:
Overview Page
Subject:
Law
Judges' or decision-makers' basis for their decision. A judgment generally consists of reasons and orders. The reasons set out the factual and legal basis for the decision. Reasons are used ...
William Patrick Deane

William Patrick Deane  

Reference type:
Overview Page
Subject:
Law
(born 4 January 1931; Justice 1982–95)was a leading member of the Mason Court and staunch defender of human rights. His career has been an unpredictable mix of conservative and ...

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