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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.
What else can I help you with?
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 These comments are considered persuasive but not binding precedent.
How can obiter dictum become part of a ratio in a case?
Do you mean rationale? If so, obiter dictum is, by definition, not part of the rationale for deciding a case. It is extra language inserted by the judge that is not necessary in deciding the case. For example, in Dred Scott v. Sandford, Chief Justice Taney writes in the opinion that African-Americans are not and cannot be citizens, thus Dred Scott didn't have the right to sue in federal courts. Chief Justice Taney should have stopped after that, because if Dred Scott didn't have a right to sue in federal courts, then the Supreme Court has no jurisdiction and the case should be dismissed. However, Taney goes on to say that slavery can't be banned in any state or territory because it's a violation of the due process clause. This is all obiter dictum, it has no relevance on the decision of the issue presented before the Court.
Can obiter dicta be rescinded by the same judge who made it?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.
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.
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 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.
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".
Is a dictum primary or secondary authority?
A dictum, or obiter dictum, is considered a secondary authority in legal contexts. It refers to comments or observations made by a judge that are not essential to the decision in a case and thus do not carry the same binding authority as the case's holding. While dicta can provide insight and guidance, they are not legally enforceable like primary authority, which includes statutes and case law.
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.
