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In legal writing, a dictum (Latin 'something that has been said'; plural dicta) is a statement made by a court. It may or may not be binding as a precedent.
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law , whereby a judgment comprises only two elements: ratio decidendi and obiter dicta .
The fallacy of accident (also called destroying the exception or a dicto simpliciter ad dictum secundum quid) is an informal fallacy where a general rule is applied to an exceptional case. The fallacy of accident gets its name from the fact that one or more accidental features of the specific case make it an exception to the rule.
The unexamined life is not worth living" is a famous dictum supposedly uttered by Socrates at his trial for impiety and corrupting youth, for which he was subsequently sentenced to death. The dictum is recorded in Plato's Apology (38a5–6) as ho dè anexétastos bíos ou biōtòs anthrṓpōi (but the unexamined life is not lived by man) ( ὁ ...
For example, the appropriateness of using opiates is contingent on suffering extreme pain. To justify the recreational use of opiates by referring to a cancer patient or to justify arresting said patient by comparing him to the recreational user would be a dicto simpliciter. dictum factum: what is said is done
Secundum quid (also called secundum quid et simpliciter, meaning "[what is true] in a certain respect and [what is true] absolutely") is a type of informal fallacy that occurs when the arguer fails to recognize the difference between rules of thumb (soft generalizations, heuristics that hold true as a general rule but leave room for exceptions) and categorical propositions, rules that hold ...
Dictum de omni (sometimes misinterpreted as universal instantiation) [2] is the principle that whatever is universally affirmed of a kind is affirmable as well for any subkind of that kind. Example: (1) Dogs are mammals. (2) Mammals have livers. Therefore (3) dogs have livers. Premise (1) states that "dog" is a subkind of the kind "mammal".
In legal research, a primary authority is a term referring to statements of law that are binding upon the courts, government, and individuals.Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court.