Obiter Dictum - Law Dictionary Search Results
Home Dictionary Name: obiter dictumObiter 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)....
obiter dictum
obiter dictum pl: obiter dic·ta [-tə] [Late Latin, literally, something said in passing] : an incidental and collateral remark that is uttered or written by a judge but is not binding : dictum ...
Dictum
Dictum. An observation as to the law made by a judge in the course of a case, but not necessary to its decision, and therefore of no binding effect; often called an obiter dictum, 'a remark by the way.' Formerly also the award of an arbitrator (dictor)....
dictum
dictum pl: dic·ta [-tə] [Latin, utterance, from neuter of dictus, past participle of dicere to say] : a view expressed by a judge in an opinion on a point not necessarily arising from or involved in a case or necessary for determining the rights of the parties involved called also obiter dictum compare holding, judgment, precedent, stare decisis NOTE: Dicta have persuasive value in making an argument, but they are not binding as precedent. ...
semble
semble : it seems [ that the two statutes are consistent] used chiefly to indicate obiter dictum usually parenthetically following a citation or to introduce a tentative thought ...
obiter dictum
An incidental and collateral opinion uttered by a judge See Dictum n 2 a...
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....
comment
comment 1 often cap a : an essay analyzing, criticizing, or explaining a subject [a published in the Yale Law Review] b : an explanatory remark appended to a section of text (as of enacted code) 2 : an expression of an opinion or attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to testify implies guilt, and a judge may not remark to the jury his or her opinion about what the evidence does or does not prove. b : a written expression of opinion or information solicited by an agency about a subject of its rulemaking see also informal rulemaking ...
Volenti non fit injuria
Volenti non fit injuria. Plow. 501.-(Where the sufferer is willing no injury is done.) See this maxim criticized by Lord Esher in Yarmouth v. France, (1887) 19 QBD at p. 653, and by Lord Watson in Smith v. Baker, 1891, AC (355). The question is one for the jury, Dublin, etc., Railway Co. v. Slattery, (1878) 3 App Cas 1155. For a recent application of the maxim, see Herd v. Weardale, etc., Co., 195, AC 67.Consent or 'leave and licence' may be said to be a defence in actions of tort or prosecutions (see Archbold, Cr. Pr.), where the consent is to the specific injury or act, unless the act amounts to the infliction of a serious physical injury or where the rights of the public as well as the individual sustaining harm have intervened. The public are interested in preventing one of their number from grievous bodily harm and from exhibitions which alarm the public conscience, such as prize-fights without gloves, duels, etc., and see LIBEL.The maxim has also been invoked in cases where the p...
Comment
To make remarks observations or criticism especially to write notes on the works of an author with a view to illustrate his meaning or to explain particular passages to write annotations often followed by on or upon...
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