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Related to Dicta: obiter dicta


Opinions of a judge that do not embody the resolution or determination of the specific case before the court. Expressions in a court's opinion that go beyond the facts before the court and therefore are individual views of the author of the opinion and not binding in subsequent cases as legal precedent. The plural of dictum.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


n. the plural of dictum.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Circuit relied on erroneous dicta that appeared in the Supreme Court's 1936 ruling in Curtiss-Wright.
Circuit admitted it was placing confidence in judicial dicta rather than a judicial holding.
It simply demonstrates the ambiguity that resides within the terms "holding" and "dicta," terms that create far greater potential for mischief than illumination.
present[ed]." (144) Indeed, the liberal use of dicta to address
Law students are often taught that the American legal system sees dicta as neither binding nor normatively desirable and typically spend significant time and energy looking for the line separating the two.
This case will be viewed by most courts as dicta because there was no decision on its merits.
Three of the things that came out of the dicta bother me most.
The dicta in the Bean decision indicated that the Eighth Circuit might take a different view if the loan distributed by the related entity was contributed to capital, instead of becoming debt from the S corporation to its shareholders.
And yes, the Supreme Court has held, in dicta, that public schools may and probably should teach "about" religion if it is done in an academic, neutral, balanced way.
The immense popularity of Valerius Maximus throughout the Middle Ages and Renaissance is well attested by the many manuscripts, printed editions, commentaries, epitomes, and even versifications of the nine books of his Facta et dicta memorabilia.
One of the many commendable points about Rudowski's extensive historical critique is the thorough and comprehensive knowledge it reflects of Machiavelli's total canon and how his other writings enlighten and inform the stark dicta of The Prince.