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







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