Basic Legal Terms Ratio Decidendi-The ground or reason of decision. The point in a case which determines the judgment.

t. Obiter Dictum- Words of an opinion entirely unnecessary for the decision of the case. A remark made, or opinion expressed, by a judge, in his decision upon a cause, by the way, that is, incidentally or collaterally, and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Such are not binding as precedent. Dicta- Opinions of a judge which do not embody the resolution or determination of the court. Expressions in courts opinion which go beyond the facts before court and therefore are individual views of author of opinion and not binding in subsequent cases. Dictum-A statement, remark or observation. Gratis dictum-a gratuitous or voluntary representation; one which a party is not bound to make. Simplex dictum-a mere assertion; an assertion without proof. Dissent- Contrariety of opinion; refusal to agree with something already stated or adjudged or to an act previously performed. The term is most commonly used to denote the explicit disagreement of one or more judges of a court with the decision passed by the majority upon a case before them. In such event, the non-concurring judge is reported as dissenting. A dissent may or may not be accompanied by an opinion. Leading case-Among the various cases that are argued and determined in the courts, some, from their important character, have demanded more than usual attention from the judges, and from this circumstance are frequently looked upon as having settled or determined the law upon all points involved in such cases, and as guides for subsequent decisions, and from the importance they thus acquire are familiarly termed leading cases. Judge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and administer the law in a court of justice; the chief member of a court, and charged with the control of proceedings and the decision of

questions of law or discretion. A public officer who, by virtue of his office, is clothed with judicial authority. Any officer authorized to function as or for judge in doing specified acts. Lawyer-A person learned in the law; as an attorney, counsel, or solicitor; a person licensed to practice law. Any person who prosecutes or defends causes in courts of record or other judicial tribunals of the______, or whose business it is to give legal advice or assistance in relation to any cause or matter whatever. Separation of powerso Executive o Judiciary o Legislative Judicial review-Form of appeal from an administrative body to the courts for review of either the findings of fact, or of law, or of both. Appeal- Resort to a superior (i.e. appellate) court to review the decision of an inferior (i.e. trial) court or administrative agency. Jurisdiction-It is the authority by which courts and judicial officers take cognizance of and decide cases. The legal right by which judges exercise their authority. It exists when court has cognizance of class of cases involved, proper parties are present, and point to be decided is within powers of court. The right and power of a court to adjudicate concerning the subject matter in a given case. Stare decisis-To abide by, or adhere to, decided cases. o Mutatis mutandis-what needs to be changed has been changed Abandonment-The surrender, desertion, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it. The giving up of a thing absolutely, without reference to any particular person or purpose, as vacating property with the intention of not returning, so that it may be appropriated by the next comer or finder. It includes both the intention to abandon and the external act by which the intention is carried into effect. Reversal-The annulling or setting aside by an appellate court of a decision of a lower court.

Res judicata- A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. Rule that a final judgment rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and, as to them, constitutes an absolute bar to a subsequent action involving the same claim, demand or cause of action.

Law of the case- Term, as generally used, designates the principle that if an appellate court has passed on a legal question and remanded the cause to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. Doctrine provides that when appellate court has rendered a decision and states in its opinion a rule of law necessary to decision, that rule is to be followed in all subsequent proceedings in the same action.

Final decision-In appellate practice, refers to one which leaves nothing open to further dispute and which sets at rest cause of action between parties. Judgment or decree which terminates action in court which renders it. One which settles rights of parties respecting the subject-matter of the suit and which concludes them until it is reversed or set aside. Final decision which may be appealed is one that ends litigation on merits and leaves nothing for courts to do but execute judgment.

Litigation- A lawsuit. Legal action, including all proceedings therein. Contest in a court of law for the purpose of enforcing a right or seeking a remedy. A judicial contest, a judicial controversy, a suit of law.