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Simple English definitions for legal terms

Obiter dictum

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A quick definition of Obiter dictum:

Obiter dictum is a Latin term that means "something said in passing." It refers to comments or observations made by a judge in a court 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, judges make comments about hypothetical situations or other cases, and these comments are called dicta. Legal scholars sometimes disagree about what counts as dicta and what is binding precedent. Even though dicta are not necessary to decide a case, they can still be useful and important for future cases.

A more thorough explanation:

Term: Obiter dictum
Definition: Obiter dictum is a Latin term that means "something said in passing." It refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case. These comments are not legally binding on other courts, but they can be cited as persuasive authority in future litigation. Obiter dictum can also be referred to as dicta, dictum, or judicial dicta. A dissenting opinion is also generally considered obiter dictum.
Examples: In a court case, a judge may make a comment about a hypothetical situation that is not relevant to the case at hand. This comment is considered obiter dictum. For example, in the case of Trump v. Hawaii, Chief Justice John Roberts made a comment about a previous case that was not necessary to resolve the current case. He said, "Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—'has no place in law under the Constitution' 323 U.S., at 248 (Jackson, J., dissenting)." This comment was not necessary to resolve the case, but it may be cited as persuasive authority in future litigation.
Obiter dictum can be valuable because it can be incorporated into later opinions and sometimes even serve as the basis of those opinions. For example, in the United States v. Carolene Products case, Justice Harlan F. Stone made a suggestion in Footnote 4 that a legal rule more stringent than the rational basis test be applied in hypothetical, future situations. This suggestion eventually served as the basis for the doctrine of strict scrutiny.

Obiter dicta | object

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11:10
I am sure they kick some doors but yes
11:11
@EvolBunny: im a uki
babycat
11:11
terrible admin
BulbasaurNoLikeCardio
11:11
@babycat: I wonder why gtown felt what they said was a good idea and how secure that individual felt in their job to believe there would be no backlash.
Dkk
11:11
please, tell me more about Europa: The Last Battle @MostlyLegal
11:11
nothing you dont already know
Dkk
11:12
Lmfao, damn out of messages again. Time to go sit in the hot tub.
11:12
@BulbasaurNoLikeCardio: honestly fuck these schools
11:12
The way they act is so cringe and gives mad ick
babycat
11:12
@BulbasaurNoLikeCardio: people are saying this has been a pattern with them
babycat
11:12
imagine being a religious school and not supporting mothers. practice what you preach!
11:12
Fuck dem hoes
11:13
Child bearing people*
11:13
i cant spell fuck dont correct me
11:15
Anywayyyyy, i think today i will withdraw all my apps
11:15
This lsat is not doing it
babycat
11:15
lol live ur truth
11:15
ASU at 154 is damn good
11:15
154 scholly
BulbasaurNoLikeCardio
11:15
It is shitty that was a pattern of behavior but I am glad someone is finally standing up for themselves. Like I can be a pretty rigid butthole guy when it comes to getting stuff but a complete lack of empathy or situational awareness shown by the school and their staff is mind blowing. When I was talking about it in the office they all thought I was lying cause it sounds so crazy.
Dkk
11:16
@babycat: ahh link me something. Idk what you are talking about with GTown and mothers and all that.
11:16
Idk if any of you watch UFC but one time interim heavyweight champ Tom Aspinall won a fight and said on the mic afterwards “if you feel scared to do something, that’s a pretty good sign you should just go fucking do it” and I believe that applies very much to people wondering if they should R&R. Sure you can but why not just see what happens now?
babycat
11:16
School fucked up so bad they got hellwoods to sign a petition
11:16
Ive also heard their career center is awful too, I think its why it will never be anything but 14-15
JumpySubsequentDolphin
11:17
@Dkk: i think a law student was pregnant and due to give birth a few days before finals and they refused to accomodate her
JumpySubsequentDolphin
11:17
accommodate*
11:17
@Mostlylegal: yeah and i was thinking fuck it just go party for three years but i got other options and need to start building, top law schools were worth that 3 year pause but i am not sure i can do that for asu and their outcomes
11:19
Also I just got diagnosed with ADHD is it stupid if I dont take the test again now that Im medicated?
Dkk
11:19
She offered to take it early? Should have given her that one. Remote I can understand saying no to but taking it early, yes.
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