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Related to DICTA: obiter dicta
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This article highlights four broad issues about the judicial process: (1) the ease with which erroneous dicta appear in court decisions because they are added without guidance from briefs, oral argument, and the adversary process, (2) the pattern of dicta over time becoming accepted as the holding, (3) the distortions than can occur in presidential power because of erroneous dicta, and (4) the apparent inability of the Supreme Court to correct in timely manner erroneous dicta.
The inconsistency runs deeper than the well-chronicled difficulty of sorting dicta from holdings in particular cases.
was Gotham Partners, an earlier dispute waged in dicta before being
This Essay speaks to the continuing vitality of the holding-dictum distinction through the first systematic study of how lower courts treat higher court dicta. (10) As we will show, the gap between dicta-in-theory and dicta-in-practice is strikingly large.
Escuela Agricola Panamericana, Zamorano y Direccion de Ciencia y Tecnologia Agropecuaria (DICTA), Secretaria de Agricultura y Ganaderia.
The two reconsiderations found in this issue of Modern Age exemplify, both in concept and in practice, exactly what needs to be addressed in a revaluative project, and especially to afford the reader what is the all too rare opportunity and the freedom that are now woefully lacking in the contemporary intellectual and academic community in which the dicta of ideology are uniformly treated as holy writ.
Wonham's selection of stories no doubt follows Twayne dicta: It is The Conjure Woman, in part or in whole, that most often makes it into classrooms where Chesnutt' s stories are studied, not The Wife of His Youth.
Before Hyman assumes that a religious edict appended to the pledge in 1954 at the height of anti-communist hysteria has the status of eternal dicta, he should talk to his neighbors.
This narrow interpretation of Section 4734 would be consistent with the dicta set forth in Peebler & Nay v.