Law
lexicon
Stare decisis
A basic principle of the law whereby once a decision (a
precedent) on a certain set of facts has been made, the
courts will apply that decision in cases which subsequently
come before it embodying the same set of facts. A precedent
which is binding; must be followed.
State
A term of international law: those groups of people which
have acquired international recognition as an independent
country and which have four characteristics; permanent
and large population with, generally, a common language;
a defined and distinct territory; a sovereign government
with effective control; and a capacity to enter into relations
with other states (i.e. recognised by other states). The
USA, Canada and China are examples of states. States are
the primary subjects of international law. The United
Nations is comprised of all the states of the world. Some
large states have subdivided into smaller units each having
limited legislative powers normally restricted to subjects
which are more properly regulated at a local, rather than
a national level. Thus, the states of the USA are not
really "states" under international law. It
is common for the general public and English dictionaries
to use the word "nations" to refer to what international
law calls "states."
Statutes
The written laws approved by legislatures, parliaments
or houses of assembly (i.e., politicians). Also known
as "legislation". The written laws of the Canadian
Province of Newfoundland, for example, are in a multi-volume
set of books called the Statutes of Newfoundland.
Statutory
rape
The common law definition of rape has not proven adequate
to reflect modern values. It is limited to sex without
consent and with a woman, and only where the victim is
not the wife of the rapist. Many states have enacted laws
which include under the charge of rape, sex with a minor
even if done with the minor's consent, sex without consent
regardless of whether the victim is male or female, and
sex without consent regardless of the matrimonial bond
between victim and rapist.
