obiter dictum

(redirected from obiter dicta)
Also found in: Dictionary, Legal.
Graphic Thesaurus  🔍
Display ON
Animation ON
  • noun

Synonyms for obiter dictum

an expression of fact or opinion

Synonyms for obiter dictum

an incidental remark

an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding

References in periodicals archive ?
A different read of the Sellars principle, however, was put in Douglas Lambert, "Ratio Decidendi and Obiter Dicta" (1993) 51:5 Advocate 689, and Mathieu Devinat, "L'autorite des Obiter Dicta de la Cour Supreme" (1998) 77:1-2 Can Bar Rev 1.
Another view is that reasoning is unnecessary and therefore obiter dicta if it was objectively non-dispositive.
Druet especially is significant because not only does it confirm, albeit in obiter dicta, what the others confirm about the acceptability of email negotiations for an enforceable agreement pursuant to the Statute of Frauds, but it highlights the fundamental purpose of the Act as a means for confirming agreement to significant contracts such as for the sale of property or for guarantees.
Spalinger's work blends meticulous attention to detail and careful analysis with occasional obiter dicta.
He quotes Napoleon's obiter dicta to the effect that all politicians are to be regarded as "dealers in hope".
Dante, Boccaccio, and Petrarch all wrote in both languages, achieving greatness in their vernacular works while praising the eloquence of classical Latin; but their obiter dicta comparing the two languages are based on ill-defined linguistic notions.
We glimpse, through obiter dicta and glancing allusions, a felt theory of how great fiction is written, of how it must emerge from the life and living of its author.
On Matthews' own account, the view that distributism requires government support derives from a few obiter dicta of Cecil Chesterton, who died in the First World War before his dicta could be acted on, and to the state support given the Basque initiative Mondragon in its early stages, which came from the Franco regime in Spain.
But even assuming arguendo that Jonsen's counting is correct, the few words at the end of an opinion constitute the most important part of a case's holding, that part of the decision which actually creates law, as distinguished from its obiter dicta which, however lengthy it may be, does not possess the same legal weight.
So if the reader can chase away the exasperations which might be provoked by the wilful, the whimsical and the self-indulgent, then perhaps he/she will discover, in this baggy hold-all, unexpected connections, pithy insights, memorable obiter dicta and a refreshingly individualistic way of sorting through the treasure-house of Western (and Eastern) culture.
A good example, full of shrewd obiter dicta, is Presidential Greatness.
He knows that the newspapers which will cover his speeches, press conferences or obiter dicta (and he always calculates when his remarks will get maximum coverage), can write their stories in many different ways.
In itself, this might not be so objectionable, except for the fact that these obiter dicta are sprinkled amid equally confident generalizations about the recent history of economics, unaccompanied by any documented evidence which would pass muster for the historian, be they of the intellectual, political, or even economic persuasion.
Lomunov's selection of obiter dicta by Tolstoi on the subject of English writers.
In any case, holy men and women were regarded as a primary source of good advice, and as a result they provide us with interesting obiter dicta on some essentially lay issues, including the tricky question of how to be a Christian warrior in a world in which violence was always close at hand.