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Simple English definitions for legal terms
dictum propria
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A quick definition of dictum propria:
Dictum Propria: A statement made by a judge that is not necessary to the decision of a case. It is the judge's personal opinion and may not be agreed upon by the whole court. It is not essential to the outcome of the case.
A more thorough explanation:
Definition: Dictum propria refers to a personal or individual statement made by a judge who delivers an opinion but is not necessarily agreed upon by the whole court and is not essential to the decision.
Examples:
- A judge may make a comment or express an opinion on a legal issue that is not directly related to the case being decided. This is known as an obiter dictum.
- Another example is when a court states a legal principle more broadly than is necessary to decide the case. This is called a gratis dictum.
- Simplex dictum refers to an unproved or dogmatic statement made without evidence or proof.
These examples illustrate how dictum propria is a statement made by a judge that is not essential to the decision and may not be agreed upon by the whole court. It is important to note that dicta can still be correct and useful to the legal profession, even if they are not essential to the decision.