Obiter dicta law terms

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obiter dicta. : (oh-bitter dick-tah) n. remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Generally, obiter dicta is simply dicta. The Court's declaration was not essential to resolution of the case before it, and the statement is characterized in the law as obiter dicta, and therefore not of a binding nature on later decisions to the same degree as a holding squarely affecting the merits of the case at bar; nevertheless, it did create a cloud on the meaning of Section 1 of the ...

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Apr 17, 2017 · The Latin term obiter dicta means “things said by the way,” and is generally used in law to refer to an opinion or non-necessary remark made by a judge. In a legal ruling, made by a higher court, the actual decision becomes binding precedent. Dictum definition is - a noteworthy statement: such as. How to use dictum in a sentence. How to Use dictum in Law and Beyond

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Obiter ~: Remark by a judge in a legal opinion that is irrelevant to the decision and does not establish precedent . Often used in the plural, dicta. Obiter ~ - [A saying by the way]. An observation on a legal question suggested by a case but not arising in such a manner as to require a decision. Therefore not binding as a precedent. Jun 29, 2012 · Obiter Dictum: 1. (Law) Law an observation by a judge on some point of law not directly in issue in the case before him and thus neither requiring his decision nor serving as a precedent, but ...

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‘The Maxims were collected after Napoleon's death from what editor David Chandler rightfully terms his obiter dicta, casual remarks, observations, or comments that were culled from a vast mass of documents, letters, and memoirs.’ called obiter dicta. These dicta have the force of persuasive precedents only. The judges are not bound to follow them. However, obiter dictum of Their Lordships of the hon'ble Supreme Court is entitled to highest respect and is binding on all the Courts of the country.