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When the Supreme Court's Obiter Dictum Will Be Binding on All Other Courts
SSRN Electronic Journal, 2021While “working from home” during this unprecedented “Corona Virus Leave,” I stumbled ona discovery (and thought to share)from the leading judgment of My Lord, Uchechukwu Onyemenam, JCAin the election petition appeal between David Uchiv and Pius Sabo reported as (2005) LPELR –40360 (CA) where his lordship ruled on exception to the obiter dictum rule of ...
Olumide Babalola
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A Comment on Henry Gao, ‘Dictum on Dicta: Obiter Dicta in WTO Disputes’
World Trade Review, 2018In 2016, the US objected to the reappointment of a member of the WTO Appellate Body, ‘accusing’ him inter alia of having participated in a decision where the Appellate Body had indulged in unnecessary analysis in the nature of obiter dicta. Henry Gao has used the occasion to investigate, with a fresh approach, the very concept of obiter dicta in ...
G. Sacerdoti
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Ratio Decidendi and Obiter Dictum
1993Although the doctrine of binding precedent states that all courts bind all lower courts and some courts also bind themselves, it would be wrong to conclude that everything contained in a decision is of equal weight. The traditional view is that we have to differentiate between the ratio decidendi of a judgement, which will be the binding part, and the ...
Ian McLeod
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7. How Precedent Operates: Ratio Decidendi and Obiter Dictum
Learning Legal Rules, 2013The aim of this chapter is to emphasise that legal analysis is not just a question of comparing facts or using a set of balancing scales to see if the facts weigh about the same. The situation is often much more complicated than that. This chapter discusses the following: the development of case law and why cases may be distinguished as well as applied
James Holland, Julian Webb
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Kritische Betrachtungen über das obiter dictum im Zivilurteil
Korea Law Review, 2023openaire +2 more sources
OGH, Beschluss 26.9.2017, 4 Ob 156/17w - zur Wirkung eines „obiter dictum“
Zeitschrift für Informationsrecht, 2018openaire +2 more sources