Dictum - Law Dictionary Search Results
Home Dictionary Name: dictum Page: 2 Page 2 of about 26 results ( seconds)Extrajudicial
Extrajudicial [fr. extra and judicium, Lat.], out of the regular course of legal procedure. An extrajudicial dictum is the same as an obiter dictum. See DICTUM....
obiter dictum
An incidental and collateral opinion uttered by a judge See Dictum n 2 a...
Verba chartarum fortius accipiuntur contra proferentem
Verba chartarum fortius accipiuntur contra proferentem. Co. Litt. 36; Bac. Max. Reg. 3; Broom's Max.-(The words of deeds are received more strongly against the grantor.) Bacon styles this 'a rule drawn out of the depth of reason'; but in 1877, Jessel, M.R., in Taylor v. St. Helen's Corporation, 6 Ch D at p. 280, citing three House of Lords cases, 'did not see how it could be considered as having any force at the present day.' The cases cited by Jessel, M.R., however, all turned upon the construction of wills; the maxim has been recognized in the House of Lords since 1877, see Birrell v. Dryer, (1884) 9 App Cas 345; and it is submitted that the dictum of Jessel, M.R., is incorrect....
Opinion
Opinion. A technical term applied to the judgment of a Law Lord delivered in the House of Lords. Also the written advice given by counsel upon facts submitted to him. See DICTUM as to opinions expressed by judges which are not strictly relevant to the issue before them.The word 'opinion' in s. 50 of the Indian Evidence Act, 1872, means something more than mere retailing of gossip or of hearsay; it means judgment or belief, that is, a belief or a conviction resulting from what one thinks on a particular question. Such belief or conviction may manifest itself in conduct or behaviour which indicates the existence of the belief or opinion, Dolgobinda Paricha v. Nimai Charan Misra, AIR 1959 SC 914 (919): (1959) Supp 2 SCR 814. (Evidence Act, 1872, s. 20)...
Obiter dictum
Obiter dictum, an opinion not necessary to a judgment. See DICTUM.An 'Obiter dictum' is an observation which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56.It is a remark made or opinion expressed by a judge in his decision upon a cause, 'by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court, or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion ...... In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as 'dicta', or 'obiter dicta', these two terms being used interchangeably, Brief Making and the Use of Law Books, William M. Lile et al. 304 (3rd Edn., 1914)....
Kennelworth edict
Kennelworth edict (dictum sive edictum de Kennelworth). An edict or award between Henry III and those who had been in arms against him; so called because made at Kenilworth Castle in Warwickshire, anno 51 Hen. 3, A.D. 1266. It contained a composition of those who had forfeited their estates in that rebellion, which composition was five years' rent of the estate forfeited, Hale's Hist., p. 10, n. (d)....
Placit
A decree or determination a dictum...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
Dictum
An authoritative statement a dogmatic saying an apothegm...
Dicta
See Dictum...
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