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. Cf. OBITER DICTUM.
Search Results for: judicial dictum
obiter dictum
(ob-i-t[schwa]r dik-t[schwa]m). [Latin “something said in passing”] A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). — Often shortened to dictum or, less commonly, obiter. Pl. obiter dicta See DICTUM. Cf. HOLDING(1); RATIO DECIDENDI.
obiter dictum
obiter dictum (ob-i-t[schwa]r dik-t[schwa]m). [Latin “something said in passing”] A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). — Often shortened to dictum or, less commonly, obiter. Pl. obiter dicta. See DICTUM. Cf. HOLDING(1);
ratio decidendi
ratio decidendi (ray-shee-oh des-[schwa]-den-dI), n. [Latin “the reason for deciding”] 1. The principle or rule of law on which a court’s decision is founded (many poorly written judicial opinions do not contain a clearly ascertainable ratio decidendi). 2. The rule of law on which a later court thinks that a previous court founded its decision;