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Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.
Persuasive definition – purporting to use the "true" or "commonly accepted" meaning of a term while, in reality, using an uncommon or altered definition. (cf. the if-by-whiskey fallacy) Ecological fallacy – inferring about the nature of an entity based solely upon aggregate statistics collected for the group to which that entity belongs.
A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. ne exeat: let him not exit [the republic] Shortened version of ne exeat republica: "let him not exit the republic". A writ to ...
Here, the judgmental words are "our very own sons" and "mercenaries", which imply not only professional soldiers but rather soldiers of fortune. This argument is also a false dilemma : nothing implies that coercion and fear of punishment produces better soldiers than voluntarily, and that a professional army could not be assembled from the ...
Alvin Bragg challenger Maud Maron says the fact that the Manhattan district attorney brought the Daniel Penny case to trial is a "clear indication of his bad judgment.". Daniel Penny was found not ...
A legal term meaning that something is prohibited because it is inherently wrong (cf. malum prohibitum); for example, murder. malum prohibitum: wrong due to being prohibited: A legal term meaning that something is only wrong because it is against the law (cf. malum in se); for example, violating a speed limit. mandamus: we command
The move to drop the lawsuit was announced in a one-page court filing by both companies in a Manhattan court, where they said they will drop their claims against each other. Neither company ...
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