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Legal Definitions - Obiter dicta
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Definition of Obiter dicta
Definition: Obiter dicta refers to a judge's comments or opinions in a court case that are not directly related to the decision or outcome of the case. These comments are not legally binding and do not form part of the court's decision.
Example: In a case about a traffic violation, a judge may make a comment about the importance of road safety. This comment is not directly related to the decision of the case, but is the judge's personal opinion.
Explanation: Obiter dicta are comments made by a judge that are not necessary for the decision of the case. They are often used to provide context or explain the judge's reasoning, but they do not have any legal weight. The example shows how a judge's comment about road safety is not legally binding and does not affect the outcome of the case.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Simple Definition
Obiter dicta: This is a Latin term that means "things said by the way." It refers to statements made by a judge during a court case that are not directly related to the case's outcome. These statements are not binding and do not have to be followed in future cases. They are simply the judge's opinion on a matter that is not essential to the case at hand.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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