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Dictum |
Also found in: Dictionary/thesaurus, Wikipedia, Hutchinson | 0.04 sec. |
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[Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, "a remark by the way," which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the outcome of the case, such as a legal principle that is introduced by way of illustration, argument, analogy, or suggestion. Dictum has no binding authority and, therefore, cannot be cited as precedent in subsequent lawsuits. Dictum is the singular form of dicta. dictum n. Latin for "remark", a comment by a judge in a decision or ruling which is not required to reach the decision, but may state a related legal principle as the judge understands it. While it may be cited in legal argument, it does not have the full force of a precedent (previous court decisions or interpretations) since the comment was not part of the legal basis for judgment. The standard counter argument is: "it is only dictum (or dicta)." (See: dicta) DICTUM, practice. Dicta are judicial opinions expressed by the judges on
points that do not necessarily arise in the case.
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