Juridical Dictionary

This dictionary contains:
8526
juridical terms

Obiter dictum




Obiter dictum

By the way..., referring to a finding of law in a decision where that finding was based on issues not properly before the court. It is an opinion expressed by a court upon a question of law, which is not necessary to the decision of the case before it.

RELATED TERMS
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Finding
Practice. That which has been ascertained; as, the ruding of the jury is conclusive as to matters of fact when confirmed: by a judgment of the court.

Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.

Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.

Court
A body in government to which the administration of justice is delegated.

Opinion
1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.

Question
1) Punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. 2) Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 3) Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned



SIMILAR TERMS
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Obit
That particular solemnity or office for the dead, which the Roman Ca- tholic church appoints to be read or performed over the body of a deceased member of that communion before interment; also the office which, upon the anniversary of his death, was frequently used as a commemoration or observance of the day.

Obiter dicta
Such opinions, uttered "by the way", not upon the point or question pending, but as if turning aside for the time from the main topic to a collateral subject.



PREVIOUS AND NEXT TERMS
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On the river
In Louisiana penitentiary slang, a phrase used to describe time spent at Angola State Prison, which is surrounded by rivers on three sides.

Oath
A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.

Obedience
The performance of a command.

Obit
That particular solemnity or office for the dead, which the Roman Ca- tholic church appoints to be read or performed over the body of a deceased member of that communion before interment; also the office which, upon the anniversary of his death, was frequently used as a commemoration or observance of the day.

Obiter dicta
Such opinions, uttered "by the way", not upon the point or question pending, but as if turning aside for the time from the main topic to a collateral subject.

Obiter dictum

Objection
The verbal response of a lawyer when something inappropriate is happening during a trial or deposition. it is one of many steps involved in protecting the record.

Oblation
Ecclesiastical law. In a general sense the property which accrues to the church by any right or title whatever; but, in a more limited sense, it is that which the priest receives at the altar, at the celebration of the eucharist

Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.

Obligation of contracts
By this expression, which is used in the consti- tution of the United States, is meant a legal and not merely a moral duty. The obligation of contracts consists in the necessity under which a man finds himself to, do, or to refrain from doing something. This obligation consists generally both in foro legis and in foro conscientice, though it does at times exist in one of these only. It is certainly of the first, that in foro legis, which the framers of the constitution spoke, when they prohibited the passage of any law impairing the obligation of contract.

Obligations of confidentiality
Where information is original and not publicly known, it may be considered to be confidential information. If you need to disclose it to another, an obligation of confidentiality must be imposed on the recipient - this will allow you legal remedies against the recipient if the obligation is broken. In certain circumstances, where trust is implicit in an arrangement that obligation may be implied even where there is no written agreement. With employees, implied obligations of confidentiality apply during employment - post employment restrictions in relation to confidential information should generally be expressly agreed in writing, preferably in the employment contract.

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This dictionary contains 8526 terms.







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