- An authoritative, often formal pronouncement: "He cites Augustine's dictum that 'If you understand it, it is not God'" (Joseph Sobran).
- Law. See obiter dictum (sense 1).
[Latin, from neuter past participle of dīcere, to say.]
Dictionary:
dic·tum (dĭk'təm) ![]() |
[Latin, from neuter past participle of dīcere, to say.]
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| Law Encyclopedia: Dictum |
[Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, "a remark by the way," which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the outcome of the case, such as a legal principle that is introduced by way of illustration, argument, analogy, or suggestion.
Dictum has no binding authority and, therefore, cannot be cited as precedent in subsequent lawsuits. Dictum is the singular form of dicta.
| Word Tutor: dictum |
Relating to Descartes, author of "Cogito ergo sum" to demonstrate the reality of human existence; the dictum might be improved: "Cogito cogito ergo cogito sum" — "I think that I think, therefore I think that I am;" as close an approach.
— Ambrose Bierce (1842-1914).
| Wikipedia: Dictum |
In legal terminology, dictum (plural dicta) is a statement of opinion or belief considered authoritative because of the dignity of the person making it.[1]
There are multiple subtypes of dicta, although due to their overlapping, legal practitioners in the U.S. colloquially use dicta to refer to any statement by a court which extends beyond the issue at bar. Dicta, in this sense, is not binding under stare decisis, but tends to have a strong persuasive effect, either by being in an authoritative decision, stated by an authoritative judge, or both. These subtypes include:
Note that in the U.K., dicta is any statement that forms a part of the judgment of a court whose decisions have value as precedent, even if only persuasive, under the doctrine of stare decisis. Thus, unlike the U.S. version, the U.K. version also includes ratio decidendi, which are statements in the part of the reasoning for the decision. These statements are binding as precedent.
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| Translations: Dictum |
Dansk (Danish)
n. - erklæring, proklamation, sentens
Nederlands (Dutch)
dictum (uitspraak), uitdrukking, terloopse opmerking
Français (French)
n. - dicton, maxime, proposition, affirmation, (Jur) remarque superfétatoire
Deutsch (German)
n. - autoritativer Entscheid, Spruch, (jur.) richterliche Meinung
Ελληνική (Greek)
n. - ρήση, απόφθεγμα
Português (Portuguese)
n. - ditado (m), sentença (Jur.) (f)
Español (Spanish)
n. - sentencia, aforismo, dictamen
Svenska (Swedish)
n. - uttalande, maxim
中文(简体)(Chinese (Simplified))
名言, 格言
中文(繁體)(Chinese (Traditional))
n. - 名言, 格言
한국어 (Korean)
n. - 격언, (전문가의) 견해
العربيه (Arabic)
(الاسم) قول مأثور, مثل
עברית (Hebrew)
n. - חוות דעת, פתגם
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| obiter dictum | |
| binding authority | |
| precedent |
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