I thought I’d make a list of the Latin terms that could come up or that could be used in the exam. Please feel free to add more that are relevant to the current study design.
Prima facie - Meaning "on its first appearance, or at first sight" In common law jurisdictions, prima facie denotes evidence which – unless rebutted – would be sufficient to prove a particular proposition or fact. Ultimately if a prime facie case is a court trial that has sufficient evidence in order to be tried at court.
Mens Rae - Meaning "Guilty Mind" Mens rea simply refers to the mental element of the offence that accompanies the Actus Reus (Guilty Act)
Actus Reus - Meaning "Guilty Act" When proved beyond a reasonable doubt in combination with the mens rea, (guilty mind), produces criminal liability in the common law-based criminal law. Actus Reus can be committed without Mens Rae being committed. E.g. (Most automotive accidents that cause a guilty act don't have the mental intention of causing that same guilty Act)
Ex post facto- (opposite of in futuro) after the fact. Law making by the courts is only ever ex post facto. Courts are unable to engage in law making until they are asked to settle a dispute. Thus, they are always active retrospectively, and are creating laws after the offence or wrong has been committed. Courts are unable to make laws for the future.
Obiter dictum - Meaning a statement "said by the way" An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision and are not binding in anyway.
Ratio decidendi - Meaning "the reason" or "the rationale for the decision" It is a legal phrase which refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgment (or simply the reason for the judge’s decision). Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of stare decisis.
Stare decisis - Is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
In futuro - Parliament makes laws "In futuro" This means that laws are made for the future with future in mind as far as possible. Members of society are then able to know what the law is and how it applies to them.
Ejusdem Generis - meaning "of the same kind," A legal maxim in which a general term will be interpreted to include the category of the specific terms that precede it and given meaning based on the words listed before it(e.g. house, flat, bungalow or other dwelling)
Terra Nullius(elemental to the Mabo V Crown case) - Meaning "land belonging to no one", which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished sovereignty. Sovereignty over territory which is terra nullius may be acquired through occupation, though in some cases doing so would violate an international law or treaty.
Nolle Prosequi - The civil or criminal case will not proceed
Habeas corpus - Is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.
~EZST
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