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单词 obiter dictum
释义

Definition of obiter dictum in English:

obiter dictum

nounPlural obiter dicta ˈdɪktəmˌōbidər ˈdiktəm
Law
  • 1A judge's expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent.

    〔律〕(法官在法庭上或在审判时发表的,对裁决非绝对必要且不涉及法律原则的)附带意见

    Example sentencesExamples
    • I am in no doubt that the passage was part of the decision and was not obiter dicta.
    • The case decided by the making of orders which are supported by chaotic or contradictory reasoning is not an authority - it lacks a ratio decidendi - but the obiter dicta of particular judges may have considerable influence.
    • That submission runs into the authority of a number of final courts in the world and obiter dicta of this Court.
    • Remarks about equitable leases were therefore merely obiter dicta; and although they pointed the way to a solution of this problem, they have not been taken up in any later decision.
    • This Court will be very busy if we grant special leave in respect of judges' obiter dicta.
    Synonyms
    whispered remark, confidential remark, stage whisper
    1. 1.1 An incidental remark.
      顺便说的话,附带意见
      Example sentencesExamples
      • Mr. Smith treats certain of my remarks about Kierkegaard as though they were obiter dicta, insouciantly tossed off without context or explanation.
      • Within the private sector, few would quarrel with the International Monetary Fund's obiter dicta about wage restraint being necessary for competitiveness.
      • Rather than trying to capture an argument whose start I missed, which depends on knowledge of philosophers I have not read, I'll note a couple of obiter dicta: bq…
      • The Maxims were collected after Napoleon's death from what editor David Chandler rightfully terms his obiter dicta, casual remarks, observations, or comments that were culled from a vast mass of documents, letters, and memoirs.
      • There it is - the obiter dictum that bespeaks the current state of Native American education, which is still deeply troubled after more than a hundred years of struggle.
      Synonyms
      remark, comment, statement, utterance, pronouncement, declaration

Origin

Latin obiter 'in passing' + dictum 'something that is said'.

Definition of obiter dictum in US English:

obiter dictum

nounˌōbidər ˈdiktəm
Law
  • 1A judge's incidental expression of opinion, not essential to the decision and not establishing precedent.

    Example sentencesExamples
    • I am in no doubt that the passage was part of the decision and was not obiter dicta.
    • This Court will be very busy if we grant special leave in respect of judges' obiter dicta.
    • Remarks about equitable leases were therefore merely obiter dicta; and although they pointed the way to a solution of this problem, they have not been taken up in any later decision.
    • The case decided by the making of orders which are supported by chaotic or contradictory reasoning is not an authority - it lacks a ratio decidendi - but the obiter dicta of particular judges may have considerable influence.
    • That submission runs into the authority of a number of final courts in the world and obiter dicta of this Court.
    Synonyms
    whispered remark, confidential remark, stage whisper
    1. 1.1 An incidental remark.
      顺便说的话,附带意见
      Example sentencesExamples
      • There it is - the obiter dictum that bespeaks the current state of Native American education, which is still deeply troubled after more than a hundred years of struggle.
      • Mr. Smith treats certain of my remarks about Kierkegaard as though they were obiter dicta, insouciantly tossed off without context or explanation.
      • Rather than trying to capture an argument whose start I missed, which depends on knowledge of philosophers I have not read, I'll note a couple of obiter dicta: bq…
      • Within the private sector, few would quarrel with the International Monetary Fund's obiter dicta about wage restraint being necessary for competitiveness.
      • The Maxims were collected after Napoleon's death from what editor David Chandler rightfully terms his obiter dicta, casual remarks, observations, or comments that were culled from a vast mass of documents, letters, and memoirs.
      Synonyms
      remark, comment, statement, utterance, pronouncement, declaration

Origin

Latin obiter ‘in passing’ + dictum ‘something that is said’.

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更新时间:2024/9/21 13:31:34