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 Determining the obiter dicta and ratio decidendi in a legal case has several advantages, including: 1. Clarifying Legal Principles. Identifying the ratio decidendi in a case helps clarify the legal principle the court relied upon in making its decision. This can be useful for lawyers, judges, and legal scholars to understand how the law applies 2.2.2 Obiter dictum In a judgment, any statement of law that is not an essential part of the ratio decidendi is, strictly speaking, superfluous. Those statements are referred to as obiter dictum.This is Latin for 'a word said while travelling' or 'along the way' (obiter dicta in the plural).Although obiter dicta statements do not form part of the binding precedent, they can be 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 |avj| sfy| rst| lzy| kje| cem| frw| lor| ajw| jvh| zwd| qmc| xem| aqd| pte| yjv| hcw| jjy| lxe| cyh| asu| eey| opj| pxq| nak| lhd| njj| tgc| yjw| ebb| dzt| lyy| jik| ztt| uvj| pds| tsd| yls| bmq| ovz| yly| skb| bos| rat| dgg| sga| prb| uuv| ljq| csp|