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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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  • DICTUM Definition Meaning - Merriam-Webster
    The word dictum is frequently used in philosophy, but also in economics, political science, and other fields Almost any condensed piece of wisdom—"The perfect is the enemy of the good", "Buy low, sell high", "All politics is local", etc —can be called a dictum
  • DICTUM | More than tools
    For more than 170 years, DICTUM has stood for experience, precision, and a passion for craftsmanship We want to share this knowledge with you Discover in-depth tool expertise, practical tips tricks, inspiring tutorials, and exciting news from the world of craftsmanship on our blog
  • 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)
  • Dictum - definition of dictum by The Free Dictionary
    Relating to Descartes, a famous philosopher, author of the celebrated dictum, Cogito ergo sum -- whereby he was pleased to suppose he demonstrated the reality of human existence
  • DICTUM definition in American English | Collins English Dictionary
    A dictum is a formal statement made by someone who has authority Disraeli's dictum that the first priority of the government must be the health of the people
  • DICTUM Simple Definition - Merriam-Webster
    The simple definition of DICTUM is a statement or well-known remark that expresses an important idea or rule
  • Dictum Definition Meaning - YourDictionary
    A statement or saying, esp a formal statement A judge's remark or observation on some point of law which is not essential to the case in question, hence not binding as a legal precedent
  • dictum | Wex | US Law | LII Legal Information Institute
    Dictum is an abbreviation of the Latin phrase " obiter dictum " 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





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