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Simple English definitions for legal terms

Obiter dictum

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A quick definition of Obiter dictum:

Obiter dictum is a Latin term that means "something said in passing." It refers to comments or observations made by a judge in a court opinion that are not necessary to decide the case. These comments are not legally binding on other courts, but they can be used as persuasive authority in future cases. Sometimes, judges make comments about hypothetical situations or other cases, and these comments are called dicta. Legal scholars sometimes disagree about what counts as dicta and what is binding precedent. Even though dicta are not necessary to decide a case, they can still be useful and important for future cases.

A more thorough explanation:

Term: Obiter dictum
Definition: Obiter dictum is a Latin term that means "something said in passing." It refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case. These comments are not legally binding on other courts, but they can be cited as persuasive authority in future litigation. Obiter dictum can also be referred to as dicta, dictum, or judicial dicta. A dissenting opinion is also generally considered obiter dictum.
Examples: In a court case, a judge may make a comment about a hypothetical situation that is not relevant to the case at hand. This comment is considered obiter dictum. For example, in the case of Trump v. Hawaii, Chief Justice John Roberts made a comment about a previous case that was not necessary to resolve the current case. He said, "Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—'has no place in law under the Constitution' 323 U.S., at 248 (Jackson, J., dissenting)." This comment was not necessary to resolve the case, but it may be cited as persuasive authority in future litigation.
Obiter dictum can be valuable because it can be incorporated into later opinions and sometimes even serve as the basis of those opinions. For example, in the United States v. Carolene Products case, Justice Harlan F. Stone made a suggestion in Footnote 4 that a legal rule more stringent than the rational basis test be applied in hypothetical, future situations. This suggestion eventually served as the basis for the doctrine of strict scrutiny.

Obiter dicta | object

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they should change it to making you write an essay on some foreign film
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like la haine or the apu trilogy or some shit
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that would be more interesting
NosyBeagle
10:38
@NemoPropheta: LSAT haters unite. This test sucks butt
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I got 2 weeks left of this shit and I have 0 motivation
10:55
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You'll forever have those days where shit ain't getting done. Just a matter of how you handle them. (IE using Chatgpt to draft a motion for leave like meeeee)
NosyBeagle
13:52
look at my lawyer dawg... im going to jail
Nah, I don't use it to do my case law. Just the actual motion drafting.
For example, I was trying to get the right language in a Motion for Sanctions (tl;dr slip and fall case, defense counsel played nothing but games – IE never sending records despite it being mandatory to trcp, producing never before seen records DURING A DEPO) and just talked to ChatGPT about his behavior to provide background to help with the drafting for the procedural paragraph.
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Can i get accommodations for mid test 2 hour nap
I mean, i have sadhd
15:34
you could get accommodations for the schizoaffective disorder you clearly have
NosyBeagle
15:53
a two hour nap in between sections would be great for me
ronniedoeslaw
15:58
LSAT isn’t horrible you just have to lock in really hard for 2 hours and expect to be exhausted the rest of the day mentally
16:30
ugh i hit this lady w my car
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well i hit her car and the cops said there's no damage but she says there is should i call my insurance what u think lawyers
real quick question. How much do early applications matter? I have super strong softs and an ok LSAT score of 160. GPA wasn't great at 3.33. I applied in late march and I have been rejected everywhere so far
16:58
late march is way too late
16:58
early doesn’t matter but before thanksgiving matters
ronniedoeslaw
16:59
Have you used the LSAC search for schools link? It helps a lot letting you know the probability of acceptance.
I mean early early might be overblown but dont apply if you are applying in march
does anyone know how many questions they typically ask for the UT recorded interview
20:21
has anyone been accepted off of the waitlist for New England yet?
ronniedoeslaw
20:36
No yet for me, I was waitlisted on Monday
ronniedoeslaw
20:36
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