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Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "said in passing", [1] that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law , whereby a judgment comprises only two elements: ratio decidendi and obiter dicta .
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.
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
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.
Hickam's dictum is a counterargument to the use of Occam's razor in the medical profession. [1] While Occam's razor suggests that the simplest explanation is the most likely, implying in medicine that diagnosticians should assume a single cause for multiple symptoms, one form of Hickam's dictum states: "A man can have as many diseases as he damn well pleases."
Metaphysical necessity is contrasted with other types of necessity. For example, the philosophers of religion John Hick [2] and William L. Rowe [3] distinguished the following three: factual necessity (existential necessity): a factually necessary being is not causally dependent on any other being, while any other being is causally dependent on it.
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".
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 ...