Glossary of case law terms
- Ratio decidendi — The legal reason for a decision — the binding part of a judgment.
- Obiter dictum — A remark made in passing that is not binding as precedent.
- Applied — A later court used a case's principle on similar facts.
- Distinguished — A later court held an earlier case did not apply because the facts differed.
- Overruled — A higher court held an earlier decision was wrong; it is no longer good law.
- Doubted — A later court expressed reservations about an earlier decision's correctness.
- Per incuriam — A decision made through lack of care (e.g. ignoring binding authority).
- Neutral citation — A court-assigned, publisher-neutral case reference, e.g. [2021] EWCA Civ 1.
- Appellant — The party bringing the appeal.
- Respondent — The party responding to the appeal.
- Remitted — Sent back to a lower court for reconsideration.