Precedent - Law Dictionary Search Results
Overruling
Overruling, is an act of superior jurisdiction. A precedent overruled is definitely and formally deprived of all authority. If becomes null and void, like a repealed statute,
Secondary conveyances
Secondary conveyances, those which presuppose some other conveyance precedent, and only serve to confirm, alter, retain, restore, or transfer the interest granted by the original conveyance. They
Stare decisis
Stare decisis, to abide by authorities or cases already adjudicated upon. The doctrine of precedent , under which it is necess-ary for a court to follow earlier judicial decisions when some points arise
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Citation
1862 and (non-contentious) 1925; a reference to authorities in support of an argument. A reference to a legal precedent or authority, such as a case, statute or treatise, that either substantiate or contradicts a given position, Black's
Scilicet
the premises nor habendum, for it gives nothing of itself; but it may make a restriction where the precedent words are not so very express but that they may be restrained, Hob. 171.
Sanction
v. Ravuru Subbiah, (1992) Cr LJ 2289. Sanction, or prior approval of an authority, is made a condition precedent to prosecute in regard to specified offences. Sanction to prosecute for an offence is not, therefore, an ingredient
Restrictive trade practice
a consumer to buy, hire or avail of any goods or, as the case maybe, services as condition precedent to buying, hiring or availing of other goods or services. [The Consumer Protection Act, 1986 (68 of 1986),
Ratio decidendi
judgment based on the combined effect (i) and (ii) above. However, for the purposes of the doctrine of precedents, ingredients No. (ii) is the vital element in the decision. This indeed is the ratio decidendi. It is
Rageman
Rageman [fr. regimen, Lat.], a rule, form, or precedent.
Quod contra rationem juris receptum, non est producendum ad consequentias
141), that which is received against the reason of the law is not to be advanced to a precedent.
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