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estate. Landed property, tenement of land, especially with respect to an easement (servitude). 2 types: praedium dominans - dominant estate (aka dominant tenement) praedium serviens - servient estate (aka servient tenement) praeemptio. previous purchase. Right of first refusal. praesumptio. presumption.
Case law. Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Precedent. Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. [1][2][3] The legal doctrine stating that courts should follow precedent is stare decisis (Latin, lit. 'to stand by things decided').
Obiter dictum. Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.
List of Latin phrases (P) This page is one of a series listing English translations of notable Latin phrases, such as veni, vidi, vici and et cetera. Some of the phrases are themselves translations of Greek phrases, as ancient Greek rhetoric and literature started centuries before the beginning of Latin literature in ancient Rome. [1] This list ...
List of Latin phrases (S) This page is one of a series listing English translations of notable Latin phrases, such as veni, vidi, vici and et cetera. Some of the phrases are themselves translations of Greek phrases, as ancient Greek rhetoric and literature started centuries before the beginning of Latin literature in ancient Rome. [1] This list ...
Ratio decidendi (US: / ˌ r eɪ ʃ i oʊ ˌ d ɪ s aɪ ˈ d ɛ n d i,-d aɪ /; Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement" [1] or "the principle that the case establishes".
In legal matters, " but-for ", " sine qua non ", causa sine qua non, [9] or " cause-in-fact " causation, or condicio sine qua non, is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred. It is established by the "but-for" test: but for the act having ...