Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", that is, any remark in a legal opinion that is...
13 KB (1,786 words) - 18:59, 6 February 2025
passed on by the court, but that is not essential to the decision. obiter dictum in Latin means 'something said in passing', and relates to a comment...
3 KB (392 words) - 20:17, 13 April 2024
controversial, and obiter dictum within Justice William O. Douglas's concurring opinion received particular attention. In his obiter dictum, Douglas postulated...
50 KB (6,366 words) - 16:20, 16 December 2024
Schalk and Kopf v Austria (section Obiter dictum on same-sex relations to be considered a form of "family life")
However, this constitutes a mere obiter dictum that had no impact on the outcome of the case. Another obiter dictum of the Court concerns Article 9 of...
18 KB (2,112 words) - 13:43, 13 November 2024
Precedent (section Ratio decidendi and obiter dicta)
of a judicial opinion, such as obiter dicta (non-binding observations or comments). In contrast, Obiter dictum|obiter dicta (“something said in passing”)...
78 KB (10,399 words) - 11:39, 25 January 2025
M., DM, or manicule in Wiktionary, the free dictionary. Annotation Obiter dictum Postscript Quod vide List of Latin abbreviations List of Latin phrases...
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of Appeal of the EPO in cases G 1/05 and G 1/06 accepted, by way of obiter dictum, that "the principle of prohibition of double patenting exists on the...
25 KB (3,549 words) - 19:41, 16 January 2025
Re MC Bacon Ltd (No 2) (section Obiter dictum)
nature of the remedies open to the liquidator, and handed down the obiter dictum for which the case is best known. The court noted that any sums recovered...
8 KB (1,042 words) - 01:40, 4 January 2025
Distinguishing (section Obiter followed)
on the land for a non-natural user", there was "no escape". Where an obiter dictum (a non-binding statement based on hypothetical facts) is subsequent...
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surrogate consent for the non-therapeutic circumcision of male children is obiter dictum and not part of the judgment. Male circumcision was not at issue in...
7 KB (729 words) - 01:38, 3 April 2024
Crow v Wood (section Obiter dictum of Edmund-Davies)
Crow v Wood [1970] EWCA Civ 5 is an English land law case, confirming an easement commonly exists for the right to have a fence or wall kept in repair...
5 KB (730 words) - 13:14, 14 April 2023
England and Wales. However, the most significant part of the judgment is obiter dictum as it relates to hypothetical facts; that is, the landlord did not seek...
12 KB (1,877 words) - 11:36, 4 September 2024
pronouncement will not amount to a binding precedent, but is instead called an obiter dictum. Ratio decidendi also involves the holding of a particular case, thereby...
5 KB (790 words) - 08:39, 26 July 2024
Tarot in the Art of Divination; and an Appendix B which includes the obiter dictum: "the 'correspondences' are not arbitrary". Appendix B also includes...
4 KB (411 words) - 03:36, 22 March 2024
University of Ottawa, has suggested that the above quotation is merely obiter dictum and a misunderstanding of the law. The Carltona doctrine merely reflects...
11 KB (1,498 words) - 23:25, 16 January 2025
Kinch v Bullard (section Obiter dictum)
Hughes. This was just, however, ‘no more than a tentative view' — an obiter dictum (other words and side-opinions of the court). Binding precedents Lord...
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G 1/09 (section Obiter dictum)
limit for appeal has expired. The Enlarged Board also confirmed, in an obiter dictum, the established practice of the EPO that a divisional application under...
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conclusion merely because there is some doubt on some minor point. In an obiter dictum (legal opinion not forming part of the judgment) in the case of R v...
10 KB (1,225 words) - 02:08, 27 September 2024
accurate at the time the decision was reached, the portion cited was obiter dictum and has no binding precedential value. As of 2008, four states, Illinois...
22 KB (2,385 words) - 16:34, 2 February 2025
decidendi Obiter dictum (almost always shortened to dictum or, when plural, dicta in legal contexts; not to be confused with the broader meaning of dictum outside...
2 KB (236 words) - 03:40, 9 May 2020
this statement actually overturned Korematsu or was merely a "disapproving dictum" of it. As part of his immigration policy, United States President Donald...
48 KB (5,174 words) - 01:55, 4 February 2025
explanation included with other data Footnote, a note at the bottom of a page Obiter dictum, a remark or observation made by a judge that does not form a necessary...
2 KB (258 words) - 22:26, 14 November 2024
changed his view. The statement by Coke is sometimes considered to be an obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi...
35 KB (4,672 words) - 07:02, 24 November 2024
Parker and Cooper Ltd v Reading [1926] Ch 975. It origins lie in the obiter dictum comments of Lord Davey in Salomon v Salomon & Co Ltd where he stated...
8 KB (1,026 words) - 09:46, 1 August 2020
Persia. The Parsis and Iranis are considered legally distinct. A 1909 obiter dictum relating to the Indian Zoroastrians observed that Iranis (of the now...
6 KB (424 words) - 07:14, 2 January 2025
Precedent and Ratio decidendi), and which parts are non-binding (see Obiter dictum). "Buckinghamshire and Surrey Trading Standards". Statsky, W. (1997)...
3 KB (311 words) - 14:34, 28 July 2023
was dismissed in Wong Kim Ark and later cases as a passing remark (obiter dictum) lacking any force as a controlling precedent. As to whether the Wong...
125 KB (15,517 words) - 20:21, 6 February 2025
like the later prime minister Nobusuke Kishi." Three justices wrote an obiter dictum about the criminal responsibility of Hirohito. Judge-in-Chief Webb declared...
72 KB (8,370 words) - 17:54, 6 February 2025
transfer with retrospective effect a proposition from the status of obiter dictum [passing comments] to that of ratio decidendi.": 9 The legal basis...
67 KB (7,765 words) - 18:49, 21 December 2024
s.p.m.) Heraldic visitation or County Visitation Books for England obiter dictum a thing said in passing in law, an observation by a judge on some point...
13 KB (168 words) - 09:59, 3 July 2024