obiter dicta


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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." (See: dicta, dictum)

References in periodicals archive ?
On the difficulty of distinguishing between cases' obiter dicta and ratio decidendi, and for proposed solutions with new definitions, see Maxwell L Stearns & Michael Abramowicz, "Defining Dicta" (2005) 57:4 Stan L Rev 953; Michael C Dorf, "Dicta and Article III" (1994) 142:6 U Pa L Rev 1997.
In a later case, Westcoast Energy, (62) when confronted with statements from La Forest J's judgment, however, the Court did not explicitly describe La Forest J's reasoning as minority reasoning but instead attempted to narrow the reading of his comments and to identify them as obiter dicta, (63) thus arguably effectively accepting the reasoning of Cory and Iacobucci JJ as that of a crosscutting majority.
83) Reasons that have been expressed, but were not 'for' deciding the case, are unnecessary and therefore merely obiter dicta.
However, in obiter dicta, the Court saw no reason why email exchanges should not comply with the Act to create enforceable agreements.
One problem with Newman, for those who do not carefully read him, is that his obiter dicta are so eminently quotable.
I assume that this statement, even if it is true, is no more than obiter dicta.
She won the prize for an article in the Warwick University Law Society's magazine, Obiter Dicta, about whether or not the treatment of Binyam Mohamed while in US custody should be made public or not.
Also, given Guidi's deep and extensive reading of the sources, one must take into account even what amount to obiter dicta, such as his comments on Machiavelli's supposed religiosity or on the intellectual effects of the geographic distribution of mendicant houses.
The decision was clear and direct--it was not obiter 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 14th Amendment, as to whether children born here to illegal aliens are "subject to the jurisdiction" of the United States and therefore entitled to citizenship status.
Admired his formidable intelligence and learning, his commitment to teaching ("I'll probably keep at it till I drop," he remarked to me upon my own academic retirement, "and then I'll have myself stuffed and go on teaching"), his obiter dicta ("I'll never do a fiction-writing workshop," he once vowed to me: "When I'm reading a bad student paper on Plato, at least I'm thinking about Plato; but when I'm reading a bad student short story about trout fishing, I'm not thinking about anything").