dicta

Definition

The judicial equivalent of a judge thinking out loud—commentary in a court opinion that's not essential to the decision and therefore not legally binding. It's like the DVD commentary track of legal opinions: interesting, but ultimately skippable.

Example Usage

The defense attorney argued that the previous ruling's harsh words about corporate malfeasance were merely dicta and shouldn't influence our case.

Origin

Short for 'obiter dicta,' Latin for 'things said in passing'

Fun Fact

Judges sometimes use dicta to signal how they might rule on future cases, making it a sort of legal weather vane for attorneys.

Source: Common legal practice terminology

Related Terms

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The person who starts a lawsuit, also known as the one who felt so wronged that writing a bad Yelp review was not sufficient. The legal system's way of saying "this person has a complaint and a budget."

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Mediation

A process where a neutral third party helps two people who despise each other find common ground, like couples therapy but with more legal pads and less crying. Actually, about the same amount of crying.

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Advanced

adverse possession

The legal doctrine allowing someone to gain ownership of property by openly squatting on it long enough without the owner objecting. It's like the real estate version of 'finders keepers,' except you have to keep it for years and pay property taxes.

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depose

To forcibly remove a leader from power (think kings and dictators), or in legal contexts, to question someone under oath during a deposition. The first meaning involves coups and revolutions; the second involves lawyers, transcriptionists, and hours of tedious testimony. Both definitions share the theme of making someone leave their comfortable position, whether it's a throne or a witness chair.

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proceedings

The formal events and actions that constitute a legal case, from filing the initial complaint to the final judgment. It's the legal profession's way of making "stuff that happened in court" sound more important. Also refers to published academic conference papers, because academics needed their own type of proceedings too.

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friendly amendment

A proposed change to a motion that the original maker agrees to accept, avoiding the need for a vote. It's parliamentary procedure's rare moment of actual cooperation, where people just agree to improve something without drama.

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