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Simple English definitions for legal terms

dicta

Read a random definition: bursting-bubble theory

A quick definition of dicta:

Dicta is a fancy word that means "something said in passing." In law, it refers to comments made by a judge in an opinion that are not necessary to decide the case. These comments are not legally binding on other courts, but they can be used as persuasive authority in future cases. Sometimes, dicta are important and can even become the basis for new legal rules.

A more thorough explanation:

Dicta is a legal term that comes from the Latin phrase "obiter dictum," which means "something said in passing." In law, dicta refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case. Dicta is not legally binding on other courts, but it may still be cited as persuasive authority in future litigation.

For example, in the case of Trump v. Hawaii, Chief Justice John Roberts made a statement that condemned a prior case. This statement was not necessary to resolve the case, but it may still be cited as persuasive authority in future cases.

Dicta can include discussions of hypothetical facts, cases, or laws, or even condemnations of other opinions. Legal scholars sometimes disagree on what constitutes dicta versus statements of binding precedent or authority in a given case.

Despite not being legally binding, dicta is still studied and valued for its potential usefulness. Dicta is frequently incorporated into later opinions and sometimes even serves as the basis of those opinions. For example, in the case of United States v. Carolene Products, Justice Harlan F. Stone made a suggestion in a footnote that eventually served as the basis for the doctrine of strict scrutiny.

devolve | dictum

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17:29
@LawIsForPeasants: hey.
Vandy gettin fat, that's what bandi did
Dont agree dkk but out of messages so this is a talk for another day
17:34
@LawIsForPeasants: I just want you to know that: you matter, you are important, and finally, I am proud of you. :D
That is so fucking cringe and leave me alone
llama i appreciate you
17:35
@LawIsForPeasants: while charlie kirk's facts do not care about your feelings, just know that I do!
texaslawhopefully
17:36
@Dkk: Fair enough, but if you're using political philosophy to defend Trump, it's hard to reconcile him as a candidate with very relevant classic political theory, like Locke's individual rights and limited government as illustrated in the 2nd treatise, or the constitutional framework limiting executive power (e.g., Federalist 51). Trump's disregard for constitutional checks and populist rhetoric directly is in tension with our very foundational principles.
Dkk
17:36
@SplitterusClitterus: sounds good. Trying to paint a wine glass rn anyway after I just woke up.
Dkk
17:37
@texaslawhopefully: Psssh I would not use gender relations as a way to defend Trump. He does not go that route and I think literally him and everyone in their cabinet has no idea what those are. I mean, just look at how many divorces Elon and Trump have had.
texaslawhopefully
17:38
Was that not why you said you voted for him?
17:38
@KnowledgeableRitzyWasp: can I ask what “2 years retroactive withdrawals” means
17:39
elon and trump realize there are many fish in the sea, and sometimes u can't just 'make it work'
@sadpadresfan: grades changed to W for two consecutive years of classes
Dkk
17:39
Nah, I did not vote. I have never voted in my life because I have a lot of issues with it. 4 years ago my mom filled out my ballot for me because she wanted to but I do not vote.
17:40
based fellow non voter
@llama i do not need or desire external validation.
17:40
@KnowledgeableRitzyWasp: ah I see
17:41
@LawIsForPeasants: ok, sorry, I will not bother u while u 'self validate yourself in the corner' my bad.
@llama: im self validating so hard rn
17:42
@KnowledgeableRitzyWasp: thats very ithica of you, wasp.
texaslawhopefully
17:44
@KnowledgeableRitzyWasp: Out of curiosity, since you're in law school and prolly know fedsoc people, how conservative do you think you have to be to be in fedsoc? Like is a david french sort of conservative fairly common in it, or is it the maga type people mainly
i dont interact with any fedsoc people, but i dont know any maga people at cornell. but the student body overwhelmingly leans left, so i think they might not be comfortable showing that theyre conservative if that makes sense?
one time a guy kind of crashed out about masks in conlaw
but that's the most ive seen
texaslawhopefully
17:47
Yeah, that does make sense. I would like to join fedsoc, but I'm also, clearly, very opposed to Trump and where the GOP has gone.
if you join fedsoc and go for clerking and eventually become a judge. you will be pinholed into maga politics as long as maga is the predominant conservative stance
Idk if @irishdinosaur is online but congrats on UCLA!!
next you will say you want to be the first black kkk grand wizard
@SaddestPortlander: tysm!!!!
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