单词 | obiter dictum |
例句 | Quite the best-written and most incisive obiter dicta I have read since I went through the page proofs of my latest novel. Distant Intimacy by Frederic Raphael and Joseph Epstein – digested read 2013-03-18T08:00:27Z Like any author worth reading, Mr. Hens is sometimes best when he goes off-topic, dispatching obiter dicta. Review: ‘Nicotine,’ the Stuff of Burning Desire 2017-01-10T05:00:00Z A party animal with a line in champagne zingers; endlessly quotable; completely at one with the zeitgeist; a literary artist whose obiter dicta became the soundtrack of his times. Gatsby may be great, but F Scott Fitzgerald is greater 2013-04-29T20:00:00Z Sometime during their years of instruction, most law school students encounter the Latin phrase “obiter dictum,” and many of them promptly forget it. Opinion | Alito’s rhetoric on Roe is a smokescreen obscuring true radicalism 2022-05-06T04:00:00Z Hersey and Wolfe were given to issuing restrictive obiter dicta about nonfiction writing. John Hersey and the Art of Fact 2019-04-22T04:00:00Z Judging by Southgate’s obiter dicta at his post‑match press conference it seems England were broadly convinced that the choice for the last 16 would boil down to Senegal and Colombia. Southgate’s way is not to everyone’s taste but it must be respected | Barney Ronay 2018-07-02T04:00:00Z In his remarks, Kerr explained: “These findings do not represent a binding decision of the of the court. Technically, the findings are what are described as ‘obiter dicta’. Northern Ireland abortion law clashes with human rights, judges say 2018-06-07T04:00:00Z Never has so much incident, outrage and media-fanned obiter dicta successfully intruded from the fringes. So long and thanks for the memories, Brazil. We’ll never forget you 2014-07-14T04:00:00Z The author, Justice Samuel A. Alito Jr., unfurls a lot of conservative drapery to disguise his work, but the cascading screens are merely obiter dicta. Opinion | Alito’s rhetoric on Roe is a smokescreen obscuring true radicalism 2022-05-06T04:00:00Z "It is an obiter dictum," somebody said to me, apparently thinking that Latin would persuade me. India’s Twisted Conscience 2013-02-16T09:45:00Z But obiter dicta indicated that the courts may grant to the writer's representatives an injunction against publication or misuse. Copyright: Its History and Its Law 2012-04-23T02:00:25.937Z Mr. Hardy himself firmly believes that the novel should first of all be a story: that it should not be a thesis, nor a collection of reminiscences or obiter dicta. Essays on Modern Novelists 2011-11-22T03:00:10.817Z What is the meaning of the term obiter dicta as applied to a judicial opinion? Government in the United States National, State and Local 2011-11-16T03:00:28.590Z Alito is hardly the first justice to mislead through obiter dicta. Opinion | Alito’s rhetoric on Roe is a smokescreen obscuring true radicalism 2022-05-06T04:00:00Z “Better without it when fever is violent,” opined the medical attendant, and Augustus, albeit doubtfully, accepted the obiter dicta, as from one who should know. Cupid in Africa 2011-09-28T02:00:21.467Z Review the book before you, and not the book some other author might have written; obiter dicta are as valueless from the critic as from the judge. Americanisms and Briticisms with other essays on other isms 2011-08-12T02:00:23.033Z The result would, therefore, seem to be that every thing subsequently said and done by the court was extrajudicial—obiter dicta decisions, which, not affecting the merits of the case, are of no authority. Inquiry Into the Origin and Course of Political Parties in the United States 2011-04-24T02:00:09.423Z Canon Hannay makes great play as usual with the humours of Irish officialdom, and his obiter dicta on the mental outlook of police officers are shrewd as well as entertaining. Humours of Irish Life 2011-04-19T02:00:16.057Z He highlights the tension between brief judgments which run the risk of oversimplification, and "bad" judgments which are "over-long, meandering, thick with digressions, obiter dicta, and needlessly complex". Lord Neuberger's calls for open justice are welcome 2011-03-17T17:21:11Z Whenever he thoughtlessly dropped these obiter dicta, so sweeping, so far removed from truth, which was almost whenever he spoke, there was trouble. What Not A Prophetic Comedy 2011-02-09T03:00:50.423Z Mr. Ruskin, who has abstained from dealing with nothing, did not abstain from criticism of literature, but his utterances in it have been more than usually obiter dicta. A History of Nineteenth Century Literature (1780-1895) And any opinion given on any other point is obiter dictum, and of no authority. Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford December Term, 1856. And in the course of sentencing, my lord had this obiter dictum: “I have been the means, under God, of haanging a great number, but never just such a disjaskit rascal as yourself.” The Works of Robert Louis Stevenson - Swanston Edition Vol. XIX (of 25) The Ebb-Tide; Weir of Hermiston The judge who sat on Muir and Palmer, the famous Braxfield, let fall from the bench the obiter dictum—“I never liked the French all my days, but now I hate them.” The Works of Robert Louis Stevenson - Swanston Edition Vol. 16 (of 25) Why, even some of my own innocent notions of the past--of pre-Macquarie Street days--seemed nearer the real thing than one or two of poor Mr. Smith's obiter dicta. The Record of Nicholas Freydon An Autobiography Mere obiter dicta of any kind, though they may be most agreeable and even most legitimate sets-off to critical conversation, are not criticism. Essays in English Literature, 1780-1860 Some consider the opinion to be loose and inconclusive; others, that it is obiter dicta; and the last sentence is objected to as recognising absolute power in Congress over Territories. Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford December Term, 1856. It was in the process of "diffusing the Terror" that most of his philosophical obiter dicta were uttered. Shelley, Godwin and Their Circle As a result of the obiter dictum and a resolution by both Houses Assembled Drayle's invention was sealed, dated and placed under guard. Astounding Stories of Super-Science, October, 1930 Some of his obiter dicta shall be given. War Letters of a Public-School Boy But these represent mere obiter dicta which, as he admits, are contrary to popular modes of thought. The Life of Sir James Fitzjames Stephen, Bart., K.C.S.I. A Judge of the High Court of Justice An obiter dictum is an opinion outside of the case in hand, which can not be quoted as an authoritative precedent. English Synonyms and Antonyms With Notes on the Correct Use of Prepositions I lay claim to no personality of my own, and any obiter dicta that may fall from my pen in the course of the ensuing narrative are but reflections of Paragot's philosophy. The Belovéd Vagabond But in neither of the cases was this point directly involved, and both opinions are obiter dicta in relation to it. History of Woman Suffrage, Volume II J. I am highly satisfied by your lordship's obiter dictum. Baboo Jabberjee, B.A. The case being thus thrown out of court, all further discussion of its merits was superfluous—a mere obiter dictum, without legal force. The Negro and the Nation A History of American Slavery and Enfranchisement But it is said that this part of the Dred Scott decision is only an obiter dictum; that the question was not presented by the record. A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861 As an obiter dictum it contains a curious expression of contempt for infantry as an arm, the origin of which feeling is by no means clear. The Life of Napoleon Bonaparte Vol. I. (of IV.) Having thus decided, it followed that anything said or attempted to be decided on other questions was extra-judicial—mere obiter dicta, if even that. Slavery and Four Years of War, Vol. 1-2 A Political History of Slavery in the United States Together With a Narrative of the Campaigns and Battles of the Civil War In Which the Author Took Part: 1861-1865 There is no hurry: point after point must be rightly examined and reduced to principle; judge after judge must utter forth his obiter dicta to delighted brethren. The Works of Robert Louis Stevenson - Swanston Edition Vol. 1 (of 25) The court's decision, obiter dictum and all, extended only to the power of Congress over the Territories. The Negro and the Nation A History of American Slavery and Enfranchisement Borrow’s sturdy forthrightness, his abhorrence of suave ambiguities and formal inanities, found vent in most vigorous and unmistakeable language; dogmatic obiter dicta came from his mouth or his pen like so many cudgel-thwacks. Souvenir of the George Borrow Celebration Norwich, July 5th, 1913 These expressions are not mere obiter dicta, thrown out incidentally, and entitled only to be regarded as an expression of opinion by their authors. The Rise and Fall of the Confederate Government Darwin believed he had found a partial solution in his theory of natural selection, and he was hailed by Haeckel as the biological Newton who had set at naught the obiter dictum of Kant. Biology A lecture delivered at Columbia University in the series on Science, Philosophy and Art November 20, 1907 I always avoided the character of a dogmatist, except in certain obiter dicta which seemed to me conducive to correct studies and against the preposterous judgments of men. The Age of the Reformation This rule first emanated in embryo form in an obiter dictum by Chief Justice Jay in Chisholm v. The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952 Nevertheless, he occasionally indulges in some obiter dicta without historical proof, and at times lays himself open to the charge of want of historical accuracy. Bolougne-Sur-Mer St. Patrick's Native Town "The information which you now disclose, Mr. Sammet," he said, after Leon had made known his predicament, "is all obiter dicta." Potash & Perlmutter Their Copartnership Ventures and Adventures These obiter dicta do not trespass on the domain of artistic genealogy. Donatello, by Lord Balcarres His obiter dicta must be read in the light of one another, and in the light, also, of his known principles. Sir Walter Scott as a Critic of Literature I disagree with about 85 per cent. of the obiter dicta of her preface, but her anthology is certainly a most agreeable compilation. Books and Persons Being Comments on a Past Epoch 1908-1911 He swallowed the opinion of the majority of the court without wincing—the obiter dictum and all. Stephen A. Douglas A Study in American Politics Your readers will see the importance of such clear obiter dicta. Punch, or the London Charivari, Volume 103, July 23, 1892 The obiter dicta on Mysticism in Nettleship's Remains are of great value. Christian Mysticism Applying to these wild harangues the destructively quiet wit of obiter dicta, Mr. Birrell made the Orangemen look very foolish and utterly ridiculous. Sketches in the House (1893) But one listens to his obiter dicta eagerly as the sayings of one of the greatest minds that have interested themselves in the criticism of literature. The Art of Letters Of course Lincoln was well aware that Douglas held that the Court had decided only the question of jurisdiction in the Dred Scott case; and that all else was a mere obiter dictum. Stephen A. Douglas A Study in American Politics An Associate who does not go into ecstasies of merriment over every joke or obiter dictum from the Bench. Punch, or the London Charivari, Volume 103, July 23, 1892 He saw his remarks reproduced verbatim in the papers, for, though localities might not be mentioned, there was no censor's ban upon the obiter dicta of coroners. The Pretty Lady Goethe has an obiter dictum on the possibility of intercommunion without the aid of the ordinary senses, between the souls of lovers. The Book of Dreams and Ghosts When one throws off a subtly philosophic obiter dictum one looks to the discerning critic to supply the meaning. The Mystery of 31 New Inn This, however, is only an obiter dictum from which many will no doubt dissent. The Uttermost Farthing A Savant's Vendetta But I speak off-hand, and must not be held too closely to the obiter dictum of a viva voce opinion. Mr. Meeson's Will But perhaps the finest exponent of the art is a famous General, whose obiter dicta in verse are innumerable. Punch, or the London Charivari, Volume 156, June 25, 1919 And amid these rather grim morsels of experimental philosophy he would interject certain obiter dicta which came straight from the unspoiled goodness of a really kind heart. Collections and Recollections In the Introductions to the several plays, too, we find many obiter dicta of Mr. White which are excellent in their clearness of critical perception and conciseness of phrase. The Atlantic Monthly, Volume 03, No. 16, February, 1859 Forgive me if I remind you that these obiter dicta have grown out of a discussion of your money affairs, wherein you are bankrupt. The Bacillus of Beauty A Romance of To-day Dr. Lightfoot meets this evidence by saying that "the obiter dictum even of a Porson," in the circumstances in which it was given, might be "of little value." The Ignatian Epistles Entirely Spurious A Reply to the Right Rev. Dr. Lightfoot Unfortunately, here again came in next an obiter dictum. The American Judiciary It is an enlargement of some of the obiter dicta of the Convito. Among My Books Second Series His obiter dicta have often the penetration, and always more than the equity, of Voltaire's, for Dryden never loses temper, and never altogether qualifies his judgment by his self-love. Among My Books First Series A kiss is nothing"--so ran one of her obiter dicta recorded somewhere in the manuscript--"unless you feel it in your toes. The Mountebank The assumption in this obiter dictum seemed to be that Rabelais is an obscene writer. Impressions and Comments Whatever goes beyond that which is required to show that the judgment is the legal conclusion from the ascertained facts is styled in law language obiter dictum. The American Judiciary This obiter dictum of Francis Newman's, spoken nearly sixty years ago, strikes one as more true to-day even than when he originally gave voice to it. Memoir and Letters of Francis W. Newman Mr. Stead honestly believed that he was entitled to use my frank obiter dicta for the purpose of correcting what he regarded as my public errors. Memoirs of Sir Wemyss Reid 1842-1885 His obiter dicta on life and the law Set our ribald young folk in a frequent guffaw; But the elders repose an implicit belief In so splendid a product of beer and of beef. Punch, or the London Charivari, Volume 153, September 12, 1917 Bacon was not concerned with formulating a complete theory of poetry, but his pithy obiter dicta were influential in further establishing the sounder criticism of the Italian classicists. Rhetoric and Poetry in the Renaissance A Study of Rhetorical Terms in English Renaissance Literary Criticism That Darwin held strong opinions on some or all of these points may be quite true; but, so far as the theory is concerned, they must be regarded as obiter dicta. Darwiniana : Essays — Volume 02 These anecdotes are, perhaps, what judges would call obiter dicta, yet the coroner's court has more than once been utilized as a field in the actual preparation of a criminal case. Courts and Criminals These observations—hardly more than obiter dicta—show that Saint-Pierre's general view of the world was moulded by a conception of civilisation progressing towards a goal of human happiness. The Idea of Progress An inguiry into its origin and growth What Madame Hanska probably enjoyed most in his letters were the obiter dicta which he was never tired of pronouncing on his contemporaries. Balzac Hence he forged his weapon—the obiter dictum—by whose broad strokes was hewn the highroad of a national destiny. John Marshall and the Constitution; a chronicle of the Supreme court Such obiter dicta may be amusing at a distance, but they are less entertaining when they come from an autocrat who has complete power over the conditions of your life. The Great Boer War It was an accident of Charlie's talk... one of those obiter dicta, that I mentioned a while ago. The Sleuth of St. James's Square These remarks are no more than obiter dicta but they show how the doctrine of Progress was influencing those who were temperamentally the least likely to subscribe to extravagant theories. The Idea of Progress An inguiry into its origin and growth But thirteen years later the United States Supreme Court in deciding the case against the United States Steel Corporation in favor of the Corporation, added an obiter dictum which completely justified Roosevelt's action. Theodore Roosevelt and His Times Burr's attorneys were more prudent: they dismissed Marshall's earlier words outright as obiter dicta—and erroneous at that! John Marshall and the Constitution; a chronicle of the Supreme court But the philosophy, the theory of government, the understanding of the framers of the constitution, must be considered, if the expression will be allowed, as obiter dicta, and be judged on their merits. The American Republic : constitution, tendencies and destiny |
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