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dictum
dic·tum D0208900 (dĭk′təm)n. pl. dic·ta (-tə) or dic·tums 1. An authoritative, often formal pronouncement: "He cites Augustine's dictum that 'If you understand it, it is not God'" (Joseph Sobran).2. Law A side remark made in a judicial opinion that is not necessary for the decision in the case and therefore is not to be regarded as establishing the law of the case or setting legal precedent. Also called obiter dictum.
[Latin, from neuter past participle of dīcere, to say; see deik- in Indo-European roots.]dictum (ˈdɪktəm) n, pl -tums or -ta (-tə) 1. a formal or authoritative statement or assertion; pronouncement2. a popular saying or maxim3. (Law) law See obiter dictum[C16: from Latin, from dīcere to say]dic•tum (ˈdɪk təm)
n., pl. -ta (-tə), -tums. 1. an authoritative pronouncement; judicial assertion. 2. a saying; maxim. 3. obiter dictum. [1660–70; < Latin: a saying, command, word; compare index] Thesaurus| Noun | 1. |  dictum - an authoritative declaration pronouncement, say-sodeclaration - a statement that is emphatic and explicit (spoken or written)directive - a pronouncement encouraging or banning some activity; "the boss loves to send us directives" | | 2. | dictum - an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not bindingobiter dictumjudgement, legal opinion, opinion, judgment - the legal document stating the reasons for a judicial decision; "opinions are usually written by a single judge"law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" |
dictumnoun1. saying, saw, maxim, adage, proverb, precept, axiom, gnome the dictum that it is preferable to be roughly right than precisely wrong2. decree, order, demand, statement, command, dictate, canon, fiat, edict, pronouncement his dictum that the priority of the government must be the health of the peopleTranslationsdictum
Related to dictum: obiter dictumDictum[Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, "a remark by the way," which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the outcome of the case, such as a legal principle that is introduced by way of illustration, argument, analogy, or suggestion. Dictum has no binding authority and, therefore, cannot be cited as precedent in subsequent lawsuits. Dictum is the singular form of dicta. dictumn. Latin for "remark", a comment by a judge in a decision or ruling which is not required to reach the decision, but may state a related legal principle as the judge understands it. While it may be cited in legal argument, it does not have the full force of a precedent (previous court decisions or interpretations) since the comment was not part of the legal basis for judgment. The standard counter argument is: "it is only dictum (or dicta)." (See: dicta) dictum see OBITER DICTUM.DICTUM, practice. Dicta are judicial opinions expressed by the judges on points that do not necessarily arise in the case.
2. Dicta are regarded as of little authority, on account of the manner in which they are delivered; it frequently happening that they are given without much reflection, at the bar, without previous examination. "If," says Huston, J., in Frants v. Brown, 17 Serg. & Rawle, 292, "general dicta in cases turning on special circumstances are to be considered as establishing the law, nothing is yet settled, or can be long settled." "What I have said or written, out of the case trying," continues the learned judge, "or shall say or write, under such circumstances, maybe taken as my opinion at the time, without argument or full consideration; but I will never consider myself bound by it when the point is fairly trying and fully argued and considered. And I protest against any person considering such obiter dicta as my deliberate opinion." And it was considered by another learned judge. Mr. Baron Richards, to be a "great misfortune that dicta are taken down from judges, perhaps incorrectly, and then cited as absolute propositions." 1 Phillim. Rep. 1406; S. C. 1 Eng. Ecc. R. 129; Ram. on Judgm. ch. 5, p. 36; Willes' Rep. 666; 1 H. Bl. 53-63; 2 Bos. & P. 375; 7 T. R. 287; 3 B. & A. 341; 2 Bing. 90. The doctrine of the courts of France on this subject is stated in 11 Toull. 177, n. 133.
3. In the French law, the report of a judgment made by one of the judges who has given it, is called the dictum. Poth. Proc. Civ. partie 1, c. 5, art. 2. dictum
Related to dictum: obiter dictumSynonyms for dictumnoun sayingSynonyms- saying
- saw
- maxim
- adage
- proverb
- precept
- axiom
- gnome
noun decreeSynonyms- decree
- order
- demand
- statement
- command
- dictate
- canon
- fiat
- edict
- pronouncement
Synonyms for dictumnoun an authoritative declarationSynonymsRelated Wordsnoun an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not bindingSynonymsRelated Words- judgement
- legal opinion
- opinion
- judgment
- law
- jurisprudence
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