Two of the more of import axioms ( ushers or AIDSs ) normally used by the tribunals are ( pg. 20 ) : Noscitur a sociis: ( It is known from its associates ) is used where a word is equivocal or ill-defined in a group of specific words. Its significance is limited to the same category or types of things as the specific words. Ejusdem generis: Meanss of the same sort. category or nature and is known as the category regulation. Under this regulation. the wide. general word is limited to the same category as the more specific words predating it. Under subordinate statute law ( pg. 23 ) :
Extremist vires: Beyond one’s legal power or authorization.
Under Unwritten Law ( English Law ) ( pg. 24 ) :
Inter alia: Among other things.
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Lex non cogit impossibilia: The jurisprudence does non oblige a adult male to make that which is impossible. /The jurisprudence requires nil impossible. Case jurisprudence or case in point may consist RESs judicata. ratio decidendi and obiter pronouncement ( pg 29 ) . Res judicata: Concluding order of the tribunal adhering the immediate parties to the determination. It assumes that there are 2 opposing parties. there is a definite issue and the tribunal has so decided the issue moving within its legal power. Opinion in the strictest sense. Merely applies to the immediate parties.
Ratio decidendi: It’s the ground for the determination. In a instance. in add-on to the RESs judicata the legal logical thinking upon which the determination in that instance was based may be used by Judgess in future instances when confronted with similar facts. This is called the ratio decidendi of the instance. Obiter pronouncement: Anything else said about the jurisprudence in the class of a opinion that does non organize portion of the affairs at issue is called obiter pronouncement ( expressions by the manner ) . It has no adhering power. although it can exert an highly strong influence in a lower tribunal. and even in a tribunal of tantamount standing. depending on the tribunal and the justice. Stare decisis: Procedure of following an constituted process. which literally means ‘to base by a determination. ’ Obiter: Said in go throughing. / Said by the manner.
Under Hierarchy of Precedents:
Pari materia ( pg. 32 ) : Of the same affair ; on the same topic. The phrase used in connexion with two Torahs associating to the same capable affair that must be analyzed with each other. Per incuriam ( pg. 33 ) : Literally translated as “through deficiency of care” . per incuriam refers to a judgement of a tribunal which has been decided without mention to a statutory proviso or earlier judgement which would hold been relevant.
Chapter 3
Under Constitutional reappraisal ( pg. 49 ) : ab-initio: From the beginning ; from the first act ; from the origin. An understanding is said to be “void Bachelor of Arts initio” if it has at no clip had any legal cogency. Under Statutory reading ( pg. 49 ) :
Sui generis: Of its ain sort or category. That which is the lone one of its sort. Under Magistrate Courts ( pg. 54 ) :
Mesne net incomes: The net incomes of an estate received by a renter in unlawful ownership and recoverable by the landlord. Ex parte ( Lost the page. sorry! ) : On one side merely. Done by. for. or on the application of one party entirely.
