obiter dictum definition

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224 documents for obiter dictum definition

- Md. Court of Appeals Case Summaries: May 2, 2010
Constitutional Law Search & seizure

..."It may be difficult to frame a concise definition of an obiter dictum applicable to every such expre...
- The Daily Record (Baltimore)
- May 09, 2010
- USA v. Hardin, (6th Cir. 2008)
...L. Rev. 1249, 1256 (2006) ("A dictum is an assertion in a court's opinion of a proposit..., that `[t]he substance of all the definitions of probable cause is a reasonable ground for belie... Black's Law Dictionary defines dicta, or "obiter dictum," as: "A judicial comment made while delive...
- Federal Circuits
- Camreta v. Greene, 563 U.S. (2011)
... that such adetermination is "not mere dictum in the ordinary sense"). Opinion of the Court They...Ante, at 2. For the firsttime, obiter dictum is treated not just as precedent forfuture ...S. C. §1254(1), theconstitutional definition of a case or controversy wouldstill constrain...
- U.S. Supreme Court

- State v. Fuller (Slip Opinion), Slip Opinion No. 2010-Ohio-726
Court of appeals judgment reversed on the authority of State v. Singleton and cause remanded to the trial court.

... in a syllabus paragraph does not transform dictum into a conclusion of law." DeLozier v. Sommer (197...- 2 -. is pure dictum. "Obiter dictum" has been defined as " `an incidental and c... The definition of "obiter dictum" in the next edition of Black's ...
- Ohio Supreme Court
- Taking the Detour Around Defending Protected Activity: How Burlington Northern &Amp; Santa Fe Railway Co. V. White Unnecessarily Complicates Litigation of Retaliation Claims
[...] Title VII makes it unlawful both to discriminate against an employee or applicant based on a protected class-such as race, religion, or sex-and to retaliate against an employee or applicant for engaging in protected activity, such as complaining about unlawful discrimination that would violate the anti-discrimination provision.6 From the 1970s until June 2006, federal courts interpreted Title VII ' s anti-discrimination and anti-retaliation provisions similarly, applying the framework from the United States Supreme Court's decision in McDonnell Douglas Corp. v. Green.1 The McDonnell Douglas framework involves a three-step approach through which the burden of production is shifted from the employee to the employer and back.8 During the employee's initial burden, he or she must prov...

... action" standard in White is merely dictum and that other mechanisms currently exist that off... matter, urged the court to revise the definition of adverse employment action to include "any adver...Black's Law Dictionary defines obiter dictum as "a judicial comment made while deliverin...
- Review of Litigation, The
- Vol. 27 Nbr. 3, April 2008
- Legal Opinions - Maryland Court of Appeals: May 5, 2008
Criminal Law Proof of rape

...I have given the legal definition of rape which includes the definition of consent."... in framing "a concise definition of an 'obiter dictum'," noting that "some courts incline to the ...
- The Daily Record (Baltimore)
- May 06, 2008
- the Association of Mexican-American Educators ('Amae'); California Association for Asian-Pacific Bilingual Education ('Cafabe'), on Behalf of Themselves, Their Members, and all Others Similarly Situated; Oakland Alliance of Black Educators ('Oabe'), on Behalf of Themselves, Their Members, and all Others Similarly Situated; Sara Macneil Boyd;Sam Genis; Toua Yang; Bob Williams; Marta Leclaire; Antoinette Williams; Diana Kwan; and Agnes Haynes, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants/ Cross-Appellees, v. State of California; the California Commission on Teacher Credentialing, Defendants-Appellees/ Cross-Appellants., 231 F.3d 572 (9th Cir. 2000)
...I mean the dictionary definition, "shared authority among colleagues," 4 so that w... a question of whether our decision is mere dictum. The traditional definition of obiter dictum is a ...
- Federal Circuits
- Section 2: Judicial Power and Jurisdiction
...Chief Justice Hughes once essayed a definition, which, however, presents a substantial problem of... first emanated in embryonic form in an obiter dictum by Chief Justice Jay in Chisholm v. Georg...
- Constitution of the United States (Annotated)
- Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co., 559 U. S. (2010)
... “function as a part of the State’s definition of substantive rights and remedies.” Post, at 1.... In contrast, Hanna’s obscure obiter dictum that a court “need not wholly blind itsel...
- U.S. Supreme Court
- Defining dicta.
...A presumptive definition b. Possible reasons for deviating from the presump... prominent illustration, the definition of obiter dictum in Black's Law Dictionary: "[a] judicial co...
- Stanford Law Review
- Vol. 57 Nbr. 4, March 2005