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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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I also like CLS for liberal clerking. approx 41 FCOA clerks per yr
It's there if I excel. if not then I'm chill with sticking to BL
texaslawhopefully
15:41
CLS is not even close to Chicago for clerking lmao
choosingpeace
15:41
wait would yall pick CLS or penn?
I didn't apply to either but I would pick penn
15:42
penn bc im in state
no no it's not. But I wouldn't clerk conservative, so idk about Chi #s for myself
cumsock
15:42
Penn
texaslawhopefully
15:42
I guess that's fair. From what I've heard UChicago for conservatives is on par w/ HYS for clerkships
texaslawhopefully
15:42
not sure about for liberals
cumsock
15:43
They’re very similar tho
cumsock
15:43
Both t6 ivies
Is that NYU disrespect???? NYU out the t-6?
15:44
Penn because my college friends who mentored me go there
lilypadfrog
15:45
NYU is a t6 unless they don’t accept me and then idgaf what they’re ranked
texaslawhopefully
15:46
That's the best mentality
texaslawhopefully
15:46
If I get into UChicago it will be CYS
lilypadfrog
15:48
waspy I’m sure he meant to clarify that CYS is Cornell Yale Stanford
yeah just making sure
I look really good in blue tho
obviously cornell is t3
cumsock
15:49
someone from my undergrad is going to columbia for a masters in social work and the way they are talking to me im pretty sure they think thats as hard to get accepted to as columbia law
every prof at cornell glazes it so hard
GreyCeaselessMammoth
15:50
i know so many heads going to various schools for random masters degrees and its like babe its not the sameeee
cumsock
15:50
"The acceptance rate for the Master of Science in Social Work (MSW) program at Columbia University is 74%" does he know?
15:50
@cumsock: some battles are won by avoiding fighting them
cumsock
15:51
im not i just wish normies knew its not the same
Trismegistus
15:51
i need chicago so badly
15:51
for suresies
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