obiter dictums造句

• In an obiter dictum, Major mused that even if there was a breach of the standard of care, it was not clear if a warning by Mayfield would have resulted in a different choice of driver.
• On appeal in 1950, the 1948 ruling was upheld and the entire 1909 definition was deemed an obiter dictum  a collateral opinion and not legally binding ( re-affirmed in 1966 ) . (; ).
• A 1909 " obiter dictum " relating to the Indian Zoroastrians, also observed that Iranis ( of the now defunct Bombay Presidency ) were not obliged to uphold the decisions of the then regulatory Parsi Panchayat.
• However, the reason the decision is considered so important is for the influential comments made by way of " obiter dictum " by Atkin LJ in relation to the nature of the banker-customer relationship.
• In a 1929 case, Higgins, then a Justice of the High Court, suggested ( as " obiter dictum " ) that a person could lawfully object to compulsory voting on the grounds of religious belief.
• The new Decision stressed that the doctrine of substantial distinction in Fari馻s was not an obiter dictum because the seemingly unfair treatment caused by the repeal of sec . 67 and retention of sec . 66 was squarely raised in that case.
• The above quoted language in " Stanton v . Baltic Mining Co . " is not a holding of law in the case . ( Compare Ratio decidendi, Precedent, Stare decisis and Obiter dictum for a fuller explanation .)
• As Justice Douglas "'obiter dictum " had included questioning the constitutionality of the fact that " There is Bible-reading in the schools of the District of Columbia " the controversy over the Court's rulings did not die out.
• In this case, in Van Heerden DCJ's " obiter dictum ", he noted that it is conceivable, albeit unlikely, that a stipulation may be so worded that an absolute discretion to fix a prestation is conferred on one of the parties.
• Opponents of the decision ( including legislators calling for an amendment to the U . S . Constitution to reverse its effects ) saw Douglas "'obiter dictum " as a likely indicator of future decisions including the end of daily recitals of the Pledge in schools.
• This " obiter dictum " has been read as effectively heralding a new era in the interpretation of contracts in South Africa, suggesting that the Supreme Court of Appeal will abandon the distinction " as soon as it is presented with an opportunity to do so ."
• The case is now generally accepted as authority for the proposition that in the case of loan transactions, there may be a " total " failure of consideration even if some repayments had already been made, even though strictly speaking those comments were " obiter dictum ".
• This " obiter dictum " is generally considered to have led to the doctrine of strict scrutiny ( and subsequently intermediate scrutiny ) in racial-, religious-, and sexual-discrimination cases, first articulated in " Korematsu v . United States " ( 1944 ).
• However, on the facts of the case before him, Lord Hope felt that it was " miles away from the exceptional category in which alone prospective overruling would be legitimate " ( para 43 ), and thus relegated his comments upon prospective only rulings to " obiter dictum ".
• This case was cited by Justice Hugo Black in the decision for " Torcaso v . Watkins ", in an obiter dictum listing " secular humanism " as being among " religions in this country which do not teach what would generally be considered a belief in the existence of God ."
• Lord Denning's opinion was rejected as a misguided obiter dictum by the Court of Appeal in Carver's case and it is true that the language of section 196 and the authorities such as Wilson's case insisted upon more attention being paid to the express or implied terms of the contract.
• In " R . ( on the application of KM ) v . Cambridgeshire County Council " ( 2012 ), the Supreme Court of the United Kingdom declined to reconsider the case of " Barry " because any statement on the case would be merely an " obiter dictum ".
• In this unheroic age, when we all try to reduce our comments to what lawyers call obiter dictum ( things said in passing ), it's tempting to lump the spread of disclaimers with other cultural phenomena, like the tendency of some young people, particularly women, to inflect declarative sentences upward at the end?
• In an " obiter dictum " in the 1970 Barcelona Traction case judgement, the International Court of Justice identified a category of international obligations called " erga omnes ", namely obligations owed by states to the international community as a whole, intended to protect and promote the basic values and common interests of all.
• Po Jen Yap of the University of Hong Kong also criticised the CFA for effectively treating the NPCSC interpretation as having a judicial rather than statutory character, as though it were a ruling by a higher court, and in his opinion misusing this characterisation to treat the preamble of the interpretation as a mere " obiter dictum ".