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obiter dictum

Subject: Law

[Latin: a remark in passing] Something said by a judge while giving judgment that was not essential to the decision in the case. It does not form part of the * ratio decidendi of ...

Obiter Dictum

Obiter Dictum   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
53 words

... Dictum (Lat., “said in passing”; often simply dictum [pl. dicta], occasionally obiter) is an assertion in an opinion that is not necessary to the result but is merely the gratuitous opinion of the judge. The distinction between holdings and dicta is often difficult to discern, especially in modern cases. William M....

Obiter dictum

Obiter dictum   Reference library

Brewer's Dictionary of Phrase & Fable (19 ed.)

Reference type:
Subject Reference
Current Version:
2013

... dictum (Latin, ‘something said in passing’) An incidental remark. In law the term is used for a judge’s expression of opinion backed by his knowledge and experience, but not forming part of a judgement and therefore not legally...

Obiter dictum

Obiter dictum   Quick reference

Guide to Latin in International Law (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
129 words

...Obiter dictum . ō´bētār dēk´tūm . ō´bitɜr dik´tum. n . [ pl . Obiter dicta. ō´bētār dēk´ta . ō´bitɜr dik´tu.] “Thing said in passing.” A statement made, in the course of a judgment, that is not binding as legal precedent because the matter upon which the statement bears is not necessary to the conclusions drawn in the judgment. E.g., “Argentine law is irrelevant in this respect, as recognized in the Award and in many other ICSID decisions. The observations which were made in passing by the Tribunal on the piercing of the corporate veil in Argentine...

obiter dictum

obiter dictum   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
55 words

... dictum [Latin: a remark in passing] Something said by a judge while giving judgment that was not essential to the decision in the case. It does not form part of the ratio decidendi of the case and therefore creates no binding precedent, but may be cited as persuasive authority in later...

obiter dictum

obiter dictum   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
219 words

... dictum In writing an opinion, justices of the Supreme Court or judges of a lower court sometimes make statements that are not necessary to the legal reasoning of the decision in the case. Such a statement is called obiter dictum , which is Latin for “said in passing.” Occasionally, obiter dicta (the plural of the term) have become important in the development of constitutional law. Justice Edward T. Sanford , for example, made a statement in passing (obiter dictum) in Gitlow v. New York ( 1925 ) that greatly influenced the incorporation of 1st...

obiter dictum

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A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
57 words

... dictum [Latin: a remark in passing] Something said by a judge while giving judgment that was not essential to the decision in the case. It does not form part of the ratio decidendi of the case and therefore creates no binding precedent , but may be cited as persuasive authority in later...

obiter dictum

obiter dictum   Reference library

Fowler’s Dictionary of Modern English Usage (4 ed.)

Reference type:
Subject Reference
Current Version:
2015

...obiter dictum , an incidental remark. Plural obiter...

obiter dictum

obiter dictum noun phrase   Reference library

The Oxford Essential Dictionary of Foreign Terms in English

Reference type:
Subject Reference
Current Version:
2002
Subject:
Language reference
Length:
45 words

... dictum noun phrase plural obiter dicta E19 Latin (from as preceding + DICTUM). A judge's expression of opinion uttered in discussing a point of law or in giving judgment, but not essential to the decision and so without binding authority; generally an incidental...

obiter dictum

obiter dictum n   Reference library

Oxford Business Spanish Dictionary: English-Spanish

Reference type:
Bilingual Dictionary
Current Version:
2003
Subject:
Bilingual dictionaries
Length:
8 words
obiter dictum

obiter dictum noun   Quick reference

New Oxford American Dictionary (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
63 words
obiter dictum

obiter dictum noun   Quick reference

Oxford Dictionary of English (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
80 words
obiter dictum

obiter dictum noun   Reference library

The Canadian Oxford Dictionary (2 ed.)

Reference type:
English Dictionary
Current Version:
2005
Subject:
English Dictionaries and Thesauri
Length:
56 words
obiter dictum

obiter dictum noun   Reference library

Australian Oxford Dictionary (2 ed.)

Reference type:
English Dictionary
Current Version:
2004
Subject:
English Dictionaries and Thesauri
Length:
55 words
obiter dictum

obiter dictum noun   Reference library

The New Zealand Oxford Dictionary

Reference type:
English Dictionary
Current Version:
2005
Subject:
English Dictionaries and Thesauri
Length:
53 words
obiter dictum

obiter dictum  

Reference type:
Overview Page
Subject:
Law
[Latin: a remark in passing]Something said by a judge while giving judgment that was not essential to the decision in the case. It does not form part of the * ratio decidendi of the case and ...
Democracy or Shuracracy

Democracy or Shuracracy   Reference library

Murad Hofmann

Islam in Transition: Muslim Perspectives (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
5,074 words
Publisher:
Oxford University Press

...skepticism about whether the daughter who had just succeeded Emperor Chosroes II would be a successful ruler. (Her tenure did indeed turn out to be rather brief.) But this rather popular tradition may be read as more informative than normative, as sort of a judicial obiter dictum . At the same time it is a rather weak, if not altogether apocryphal tradition. . . . Be that as it may, with Benazir Bhutto (1988) and Begum Khaleda Zia (1991), the Muslim world has by now produced more female heads of government than Germany, France, Great Britain and the United...

dictum

dictum  

Reference type:
Overview Page
Subject:
Law
N. [Latin: a saying]An observation by a judge with respect to a point of law arising in a case before him. See also obiter dictum.
Holding

Holding  

Reference type:
Overview Page
Subject:
Law
Is a statement of law in a judicial opinion that is necessary to the resolution of the legal problem presented in the case. It is contrasted with a dictum, which ...
persuasive authority

persuasive authority  

Reference type:
Overview Page
Subject:
Law
A decision or other pronouncement of law that, under the doctrine of precedent, a court may but need not apply when deciding the case before it. Persuasive authorities include decisions of courts of ...
reasons for judgment

reasons for judgment  

Reference type:
Overview Page
Subject:
Law
Judges' or decision-makers' basis for their decision. A judgment generally consists of reasons and orders. The reasons set out the factual and legal basis for the decision. Reasons are used ...

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