What does dictum mean in law?
A remark, statement, or observation of a judge that is not a necessary part of the legal reasoning needed to reach the decision in a case. Although dictum may be cited in a legal argument, it is not binding as legal precedent, meaning that other courts are not required to accept it.
What is the synonym of dictum?
noun. 1’he received the head’s dictum with evident reluctance’ pronouncement, proclamation, direction, injunction, assertion, statement. dictate, command, commandment, mandate, order, decree, edict, fiat, promulgation, precept, requirement, stipulation, instruction. law, ordinance, rule, regulation.
What does dicta mean in English?
‘something that has been said’ in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, dictum can have a specific meaning.
What is dicta Supreme Court?
Lawyers all learn the difference between a holding, the actual rule of decision in a case, and dicta, which (as Judge Hardiman put it, quoting a prior Thrid Circuit case) is “a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding.” Judge …
What does Chatel mean?
French (Châtel): from Old French chastel ‘castle’, ‘fortified building’ (see Chateau). Similar surnames: Chateau, Chapel, Chase, Capel, Hazel, Havel, Hamel, Carel, Hartel.
What is a dictum example?
Dictum is defined as a statement or ruling that is from an official source or that expresses a principle. An example of dictum is a rule found in the Constitution or a ruling issued by a judge. A judicial opinion expressed by judges on points that do not necessarily arise in the case, and are not involved in it.
What is the opposite of dictum?
Opposite of a seemingly self-evident or necessary truth which is based on assumption. absurdity. ambiguity. foolishness.
What is an example of a dictum?
An example of dictum is a rule found in the Constitution or a ruling issued by a judge. For example, a judge’s suggestion as to how she might decide a related controversy not presently before her would be considered dictum. noun. An authoritative statement; a dogmatic saying; a maxim, an apothegm.
Is obiter dictum binding?
Preface: It is settled law that obiter dicta of the Supreme Court are also binding upon all other Courts, including the High Court.
What is ancient dictum?
a : a formal pronouncement of a principle, proposition, or opinion awaiting the king’s dictum. b : an observation intended or regarded as authoritative must follow the dictum “First, do no harm”
Is obiter dictum law?
obiter dictum, Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
What does chattel mean in real estate?
tangible movable personal property
At common law, chattel included all property that was not real estate and not attached to real estate. Examples included everything from leases, to cows, to clothes. In modern usage, chattel often merely refers to tangible movable personal property.
What is perennialism?
1. a. Lasting an indefinitely long time; enduring: an author’s perennial popularity among children. b. Appearing again and again or year after year; recurrent: a perennial contender for the championship.
What is the meaning of perennial plant?
Botany A perennial plant. Something that recurs or seems to recur on a yearly or continual basis: “that hardy perennial, the budget deficit” (David S. Broder). [Latin perennis ( per-, throughout; see per- + annus, year; see at- in Indo-European roots) + -al .] American Heritage® Dictionary of the English Language, Fifth Edition.
What is a perennial stream?
Perennial stream means a stream that flows year round in normal water years. Groundwater is a source of much of the water in the channel. Perennial stream means a stream defined as perennial in the latest version of Guidelines for Environmental Management of Development in Montgomery County, Maryland (MNCPPC).
What is our’perennial’?
Our “perennial” retains these same uses, for streams and occasionally for birds, but it has long had extended meanings, too. The problem … is inherent and perennial in any democracy, but it has been more severe in ours during the past quarter-century because of the near universal denigration of government, politics and politicians.
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