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| 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. |
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| Meaning "Guilty Mind" Mens rea simply refers to the mental element of the offence that accompanies the Actus Reus (Guilty Act) |
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| 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) |
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| 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. |
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| 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. |
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| Is a legal principle by which judges are obliged to respect the precedents established by prior decisions. |
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| Terra Nullius(elemental to the Mabo V Crown case) |
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| 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. |
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| A Latin term meaning ‘incapable of wrong.’ Presuming a child under 10 cannot be held accountable legally for civil or criminal matters, due to not understanding his of her actions. |
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