angielskie definicje kserówka Common Law precedents vocab

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to appeal
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to ask a higher Court, tribunal or other judical body to review a decision or judgment to reverse or overrule part or all of it
the appellant
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the party who applies for the appeal
respondent, appelee
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the other party in the appeal
appellate Court (adj)
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name given to the cords that hear Appeals
court of appeal (noun)
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the name of the cord that is one step up from the high court and civil cases and the Crown Court for criminal cases
to bind
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common law or statute must be obeyed and followed
the court of 1st must follow the decisions of higher courts
Court of first instance
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the name given to the course that here a case first, these courts can't set precedents but must follow these set by higher courts
to distinguish
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the court that doesn't have to follow a binding precedent
distinguish the precendet from the case and decide that this court doesn't have to follow precedent
high court of justice in England and Wales
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the court of first instance for high value and importance claims, is divided into divisions: - the Family Division, the Queen's bench Division and the Chancery division
law reports
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a large collection of judgments from many different courts in the legal English system
to overrule
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an appellate court or tribunal has decided against an earlier decision or verdict and reverses or changes it
obiter dictum
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=said in passing, things said by the way; refers to the part or parts of a judgment that are not the ratio decidendi and there are non-binding
precedent
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Judgment of the Court which we're reaching down and followed in similar cases
original president
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if the point of law in a case has never been decided before then whatever the judge decides will form a new precedent for future cases to follow
binding precedent
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it's only created when the facts of the second case are sufficiently similar to the original case and the decision was made by a court which is senior to the court hearing the later case
persuasive precedent
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precedent that is not binding on the court but the judge may consider it and decide that it is a correct principle so he's persuaded that he should follow it
ratio decidendi
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=the reason for the decision; the most important part of the Judgment where the judge explains the reasons for the decisions the principles of law he used to come to the decision
to reverse
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what a court higher up in the hierarchy overturn the decision of a lower court on appeal in the same case
Supreme Court
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the highest court in England and Wales, it is the ultimate appellate court and can hear appeals from all of the courts in England and Wales
to uphold
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an appellate court has heard the appeal and agrees with the verdict of the lower court, the opposition of to reverse or to overrule

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