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Which courts does the obiter dictum of a US Supreme Court decision bind?
Wiki User
∙ 13y ago
None. Ratio decidendi sets forth the legal reasoning for the decision in a case. Obiter dictumis judicial opinion or incidental comments that are relevant, but not legally binding, because they're not part of the decision.
The ratio decidendi creates binding precedent on all federal courts and on state courts of general jurisdiction, provided the decision involves a constitutional issue that is incorporated to the states, or becomes incorporated to the states as a result of that decision.
For example, the US Supreme Court's decision in McDonald v. City of Chicago, 561 U.S. ___ (2010) applied the Second Amendment to the States via the Fourteenth Amendment Due Process Clause.
Wiki User
∙ 13y ago
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What does obiter dictum means?
Obiter dictum refers to remarks made by a judge in a legal opinion that are not essential to the decision of the case. These comments are considered persuasive but not binding precedent.
Can obiter dicta be rescinded by the same judge who made it?
I think you may be confusing the meaning of the term. The word obiter dicta is a Latin word which means "things said by the way." Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting 'obiter dicta' are not binding. [For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on the merits of a case, then these opinions constitute 'obiter dicta.'] Obiter dictum (plural of obiter dicta) is an opinion or a remark made by a judge which does not form a part of the court's decision. Therefore, obiter dictum are not legally binding and can ONLY be rescinded, or withdrawn, by the judge who made them.
How can obiter dictum become part of a ratio in a case?
Obiter dictum can become part of the ratio by being adopted or relied upon by future courts in their reasoning to reach a decision. If the statement in the obiter dictum is considered persuasive and relevant to the legal issue at hand, it may influence the development of legal principles and become part of the ratio of a later case.
What is the legal term for an opinion unnecessary for the decision of a case?
"Obiter dictum" or simply "dictum" or "dicta" is the term used to describe statements made by a court in its opinion that are unnecessary to decide the case. When such an unnecessary statement is used to negate a party's attorney's position, that attorney will refer to it as "merely obiter dictum (or "mere dicta") which does not bind this court." When used in support of the case, it is called "supporting rationale for the court's ultimate decision deserving of great weight for its wisdom."
What part of a court's decision forms the basis of stare decisis?
Only the ratio decidendi is accorded stare decisis status. Everything else is obiter dictum.
What is the concepts of ratio decidendi and obiter dicta?
Ratio decidendi refers to the legal reasoning behind a court's decision that forms the binding precedent in future cases. Obiter dicta are statements or opinions made by the court that are not essential to the decision and do not create binding precedent, but may provide guidance or insight on the case.
Privy Council in relation to obiter dicta?
When Her Majesty's Most Honourable Privy Council exercises its judicial functions (through the Judicial Committee), Law Lords may make statements that are not technically a part of the decision, but are nonetheless relevant to establish the context of the decision or to explain an area of law. Such comments that are not part of the decision are obiter dictum.
What is the Latin for by the way?
"Obiter",as in:obiter dictum [something] said by-the-way (ob iter), [incidentally]
What is the meaning of ober dictum?
A mispronunciation of "obiter dictum" by someone who uses big words without determining correct details. I have also heard it mangled as "obenedictum".
What is obiter dictum?
# Law. An opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding. Also called dictum. # An incidental remark or observation; a passing comment.
Can a judge give his own opinion in judgment?
Yes. Many judgments are a matter of opinion (or interpretation) that must be based on -- and supported by -- the rule of law.A judge can also express his or her personal opinion (beliefs) that may be relevant to the case, but not part of the official decision. This is called "obiter dictum," or "dictum" for short. Many cases include dicta (plural), which sometimes confuses readers as to which part of the opinion is the legal decision and which part is an aside.If you're asking whether a judgment can be entirely based on personal belief without a legal basis, then no.
What is a decision in a case that sets forth a new legal principle establishing a precedent?
Ratio decidendi sets forth the legal reasoning for the decision in a case. (Obiter dictum is a judicial opinion or incidental comment that is not legally binding.)
