[Download] "Defining Dicta." by Stanford Law School ~ Book PDF Kindle ePub Free
eBook details
- Title: Defining Dicta.
- Author : Stanford Law School
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 724 KB
Description
INTRODUCTION Even the longest, most complicated, and divisive appellate court decisions do not come with code books. (1) Appellate court decisions increasingly involve complex constitutional, statutory, or administrative law issues, and include lengthy discussions of case facts, (2) findings below, hypothetical disputes of varying significance to the legal issues presented, and discursive and sometimes tendentious treatment of precedent. Judges sometimes identify their holdings with precision. In so doing, they imply that all other aspects of the discussion--however persuasive and seemingly relevant they might be to the immediate case disposition--are instead dicta. (3) More frequently, however, judges offer looser characterizations, and sometimes none at all, leaving the task of decoding dicta and holding entirely to the reader.
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