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dictum    音标拼音: [d'ɪktəm]
n. 言明,格言,法官的附带意见

言明,格言,法官的附带意见

dictum
n 1: an authoritative declaration [synonym: {pronouncement},
{dictum}, {say-so}]
2: an opinion voiced by a judge on a point of law not directly
bearing on the case in question and therefore not binding
[synonym: {obiter dictum}, {dictum}]

Dictum \Dic"tum\, n.; pl. L. {Dicta}, E. {Dictums}. [L., neuter
of dictus, p. p. of dicere to say. See {Diction}, and cf.
{Ditto}.]
1. An authoritative statement; a dogmatic saying; an
apothegm.
[1913 Webster]

A class of critical dicta everywhere current. --M.
Arnold.
[1913 Webster]

2. (Law)
(a) A judicial opinion expressed by judges on points that
do not necessarily arise in the case, and are not
involved in it.
(b) (French Law) The report of a judgment made by one of
the judges who has given it. --Bouvier.
(c) An arbitrament or award.
[1913 Webster]

162 Moby Thesaurus words for "dictum":
Parthian shot, a priori truth, action, adage, address, affirmance,
affirmation, allegation, ana, analects, announcement, annunciation,
answer, aphorism, apostrophe, apothegm, appointment, assertion,
asseveration, averment, avouchment, avowal, award, axiom, brevet,
brocard, bull, byword, canon, catchword, code, collected sayings,
commandment, comment, conclusion, condemnation, consideration,
convention, crack, creed, current saying, decision, declaration,
decree, decree-law, decreement, decretal, decretum, deliverance,
determination, diagnosis, dictate, diktat, distich, doom, edict,
edictum, enunciation, epigram, exclamation, expression, fiat,
finding, form, formula, general principle, gnome, golden rule,
golden saying, greeting, guideline, guiding principle, imperative,
interjection, ipse dixit, law, manifesto, maxim, mention, mitzvah,
moral, mot, motto, norm, note, observation, oracle, order,
ordinance, ordonnance, phrase, pithy saying, position,
position paper, positive declaration, postulate, precedent,
precept, predicate, predication, prescript, principium, principle,
proclamation, profession, prognosis, pronouncement, pronunciamento,
proposition, protest, protestation, proverb, proverbial saying,
proverbs, question, reflection, regulation, remark, rescript,
resolution, rubric, rule, ruling, saw, say, say-so, saying,
self-evident truth, senatus consult, senatus consultum, sentence,
sententious expression, settled principle, sloka, stance, stand,
standard, statement, stock saying, subjoinder, sutra, teaching,
tenet, text, theorem, thought, truism, truth, ukase,
universal truth, utterance, verdict, verse, vouch, wisdom,
wisdom literature, wise saying, witticism, word, words of wisdom,
working principle, working rule

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.


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  • More than Tools | Dictum
    DICTUM is about more than just tools - For more than 170 years, DICTUM has been offering an extensive range of tools, including garden tools, materials, finishes as well as knives for the kitchen and for outdoor use that meet the highest standards and requirements In our opinion, first-class tools are defined by haptics, ergonomics, material
  • DICTUM Definition Meaning - Merriam-Webster
    The meaning of DICTUM is a noteworthy statement How to use dictum in a sentence How to Use Dictum in Law and Beyond
  • DICTUM | English meaning - Cambridge Dictionary
    DICTUM definition: 1 a short statement, especially one expressing advice or a general truth: 2 a short statement… Learn more
  • Dictum - Wikipedia
    In English law, a dictum is any statement made as part of a judgment of a court Thus the term includes dicta stated incidentally, in passing (obiter dicta), that are not a necessary part of the rationale for the court's decision (referred to as the ratio decidendi) English lawyers do not, as a rule, categorise dicta more finely than into those that are obiter and those that are not
  • DICTUM Definition Meaning - Dictionary. com
    Dictum definition: an authoritative pronouncement; judicial assertion See examples of DICTUM used in a sentence
  • Dictum - definition of dictum by The Free Dictionary
    Define dictum dictum synonyms, dictum pronunciation, dictum translation, English dictionary definition of dictum n pl dic·ta or dic·tums 1 An authoritative, often formal pronouncement: "He cites Augustine's dictum that 'If you understand it, it is not God'" 2
  • dictum | Wex | US Law | LII Legal Information Institute
    As a legal term, a dictum is any statement or opinion made by a judge that is not required as part of the legal reasoning to make a judgment in a case Although dictum may be mentioned in legal arguments, it does not have the legal precedent 's binding power, which means that other courts are not obligated to adopt it
  • Dictum legal definition of dictum - TheFreeDictionary. com Legal Dictionary
    dictum n 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
  • Dictum - Definition, Meaning Synonyms - Vocabulary. com
    A dictum is a formal pronouncement, a rule, or a statement that expresses a truth universally acknowledged Dictum dates from the 16th Century It descended from a Latin word that means "something said " In contemporary use, it means more like "something that is officially said "
  • dictum Definition, Meaning Usage | Justia Legal Dictionary
    Definition of "dictum" An incidental comment made by a judge, which although insightful, is not necessary for the decision of a case and does not serve as a legal precedent that other courts need to follow ; How to use "dictum" in a sentence In their opinion, the judges offered a dictum on the broader implications of the case





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