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"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 else can I help you with?
What is the Supreme Court opinion?
The opinion is the Supreme Court's decision on a case, usually accompanied by a written explanation that includes the reasoning and legal precedents used.
What is the document the US Supreme Court makes after making a decision called?
In the Supreme Court, the written decision and legal reasoning for a case is called an Opinion.
How did the north react to the dred Scott case decision?
That the Supreme Court decision was both unnecessary and invalid.
What information can be obtained in reading a legal opinion?
1. a description of the facts 2. a statement of the legal issues presented 3. the relevant rules of law 4. the holding 5. the policies and reasons that support the holding
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 These comments are considered persuasive but not binding precedent.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 a judge overrule a district attorney's decision in a legal case?
Yes, a judge has the authority to overrule a district attorney's decision in a legal case if they believe the decision is not supported by the law or the evidence presented in court.
What is reasoning of the court?
The reasoning of the court refers to the rationale behind a court's decision in a legal case. It involves the application of relevant laws, rules, precedents, and facts to reach a conclusion or judgment. The court's reasoning is typically outlined in a written opinion that explains the legal basis for the decision.
Who made abortions legal in the US?
Rather than use the term "made legal" I would substitute "made LAWFUL." The decision was rendered by a majority opinion of the U.S. Supreme Court in a case known as "Roe vs. Wade."
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.)
What is called the view of most of the justices on a case?
A decision or opinion to which most justices agree may be called a "majority decision" or "majority opinion". When a majority agreeing to a single point-of-view issues a unified written decision, the term is "opinion of the Court."
What is a concurring opinion?
In US Supreme Court decisions, a concurring opinion is an opinion by one or more justices which agrees with the result the majority opinion reached but either for additional or other legal reasons which the majority opinion rests on. The writer of a concurring opinion is counted within the majority of justices who agreed on the ultimate result of the case, but disagrees in some way with the legal reasoning of the other justices. The concurring opinion sets forth that justice's own reasoning. In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner. In a concurring opinion, the author agrees with the decision of the court but normally states reasons different from those in the court opinion as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of jurists is referred to as the plurality opinion.In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner. In a concurring opinion, the author agrees with the decision of the court but normally states reasons different from those in the court opinion as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of jurists is referred to as the plurality opinion.
How to properly cite a Supreme Court opinion in a legal document?
To properly cite a Supreme Court opinion in a legal document, include the case name, volume number, reporter abbreviation, page number, and year of the decision. For example, "Brown v. Board of Education, 347 U.S. 483 (1954)." This citation format helps readers locate the specific case and reference it accurately.
