dictumˈdɪk təm
dictum (n)
- plural
- dictums / dicta
English Definitions:
pronouncement, dictum, say-so (noun)
an authoritative declaration
obiter dictum, dictum (noun)
an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding
dictum (Noun)
An authoritative statement; a dogmatic saying; a maxim, an apothegm.
dictum (Noun)
A judicial opinion expressed by judges on points that do not necessarily arise in the case, and are not involved in it.
dictum (Noun)
The report of a judgment made by one of the judges who has given it.
dictum (Noun)
An arbitrament or award.
Dictum
In United States legal terminology, a dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it. There are multiple subtypes of dicta, although due to their overlapping nature, legal practitioners in the U.S. colloquially use dicta to refer to any statement by a court that extends beyond the issue before the court. Dicta in this sense are not binding under the principle of stare decisis, but tend to have a strong persuasive effect, either by being in an authoritative decision, stated by an authoritative judge, or both. These subtypes include: ⁕dictum proprium: A personal or individual dictum that is given by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and is not essential to the disposition. ⁕gratis dictum: an assertion that a person makes without being obligated to do so, or also a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar. ⁕judicial dictum: an opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed on by the court, but that is not essential to the decision.
Dictum
In legal writing, a dictum (Latin 'something that has been said'; plural dicta) is a statement made by a court. It may or may not be binding as a precedent.
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"dictum." Kamus.net. STANDS4 LLC, 2024. Web. 29 Mar. 2024. <https://www.kamus.net/english/dictum>.
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