Obiter dictum, Business Law and Ethics

Obiter Dictum

Thus now  "by the way" statement made through a judge before delivering his judgement within  a view to  strengthening or re-enforcing his reasons to the decision such like he will make is known as "the obiter dictum" of the case. Whether more than one the statements are made that they know as obiter dicta. Further an obiter dictum is described by Osborne's Concise Law Dictionary like: "an observation through a judge on a legal question suggested through a case before him, except not arising in the manner as to utilized decision".

However an obiter dictum does not constitute a legal rule for such decision of future cases hence it may constitute a "persuasive precedent" to a relevant later case.  Throughout it may be used by an advocate just to "persuade" a judge hearing a case such to accept as a legal rule the view it expresses.

Posted Date: 1/21/2013 6:53:01 AM | Location : United States







Related Discussions:- Obiter dictum, Assignment Help, Ask Question on Obiter dictum, Get Answer, Expert's Help, Obiter dictum Discussions

Write discussion on Obiter dictum
Your posts are moderated
Related Questions
Explain the controversial mode of acquisition - accession The ontroversial mode of acquisition is accession . It involves the peaceful transfer of territory from one sovereig

Jonathan has been in the continuous employment of Dockland cleaning and laundry Co. Ltd since 1st August 2000. He is also a member and secretary of the Cleaning and Laundry Workers

Explain International law on sir creek issue The issue concerning Sir Creek is of great importance for both India and Pakistan. The dispute does not concern the division betwee

Right to prior repayment: Therefore this was not variation of class rights since the existing preference shareholders had the same number of shares (and votes at a class meeti

Explain whether Mike should be excused from not performing under the contract with Jim: Facts Mike ran an excavation business whereby he was contracted by builders to use his exca

Explain United Nations General Assembly A treaty may also be referred to as a Convention, Protocol, Agreement and Declaration. There are no legal reasons for using different na

a) Under these facts, what claim could Purchaser assert if she begin a lawsuit?  State the name of the claim only.   b)   What would Purchaser argue is her basis for such cla

Question: State whether the following statements are TRUE, FALSE or UNCERTAIN. Briefly (two or three paragraphs) give reasons for your answer. (a) There are no market fail

1. Joe is walking down the street and Sue comes up behind Joe, aims a gun at him, but stops just before shooting. Joe did not know Sue was coming up behind him.

Jack has operated a house building business as a sole trader for a number of years. Now, his accountant has recommended that he should consider registering as a company in order to