Legal Question in Consumer Law in Florida
Define Dicta
As a new member of the paralegal profession, I am being told various things by two attorneys, with different teaching methods.
For example, one attorney told me that cases unecessary to my research was dicta. Meanwhile, the second attorney, told me, the words unecessary to a decision are dicta.
My question is, who's right?
The first attorney, the second atorrney, or, are they both correct? Similarly, or they both wrong?
Help, these guys are driving me bonkers.
2 Answers from Attorneys
Re: Define Dicta
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Dicta is the plural of dictum. The defintion of dictum is: 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. While it may be cited in legal argument, it does not have the full force of a precedent (previous court decisions or interpretations) since the comment was not part of the legal basis for judgment. The standard counter argument is: "it is only dictum (or dicta)." (from the Law.Com dictionary).
Scott R. Jay, Esq.
Re: Define Dicta
The second lawyer is. Dicta is something said in a court ruling that is not necessary for its holding. Cases unnecessary to your research are just irrelevant.
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