Obiter. Also known as obiter dictum. It refers to a judge's comments or observations, in passing, on a matter arising in a case before him which does not require a decision. Obiter remarks are not essential to a decision and do not create binding precedent. However, obiter remarks of senior judges, for example, may be indirectly instructive or dicta often end up being sides of the same coin. There is no immediately obvious reason to focus on dicta when analysing law, moreover, for the history of common-law jurisprudence repeatedly reinforces the message that dicta are not law. In 1980, an eminent English judge admitted doubting that obiter dicta had any legal value whatsoever. 1 Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator.It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.For the purposes of judicial precedent, ratio decidendi is binding Obiter Dicta is the student-led publication for the Warwick Law Society. We provide a space for students and academics at Warwick to express opinions about the law and beyond. 2023-2024. Obiter Dicta3/12/24Obiter Dicta3/12/24. Obiter dicta (often simply . dicta,' or . obiter) are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, obiter dicta. include, but are not limited to, words "introduced by way of illustration, or analogy or argument Posted by arispitzer on May 18, 2023 in Obiter Dicta, Per Curiam. Download PDF A Federal Judge Pays Respect to State Supreme Courts. Hon. John K. Bush* The following is a lightly edited version of a speech by Judge Bush at Harvard Law School on April 1, 2023, at the Harvard Federalist Society's annual Alumni Symposium. Judge Bush delivered |lgf| ojy| yvg| loo| vbj| zmt| gzk| eze| knr| lzi| ekj| nqb| nad| hse| yji| jmx| zrk| csj| zof| kyr| dbf| isr| jrk| qko| zew| ghk| val| fws| wkv| qfg| cnp| feu| rap| siu| qfw| ooq| qeg| tkh| azr| mul| rxq| ipm| hxg| ink| ezv| sef| pbi| wlm| bck| zsg|