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Simple English definitions for legal terms

Obiter dictum

Read a random definition: utrumque nostrum

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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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