Lee Davis: Legal Word Of The Day - Obiter Dictum

Monday, August 25, 2014

Obiter dictum is something that is said in passing.  It is an observation or opinion of the court but one not necessary to the decision at hand.  It is sometimes a persuasive point but not relevant to the issue decided.

Mr. Chief Justice Taney writing for the Supreme Court in Dred Scott v. Sanford—one of the greatest travesties in American history--stated: ‘this court has decided against the jurisdiction of the circuit court…and if anything it may say upon that part of the case will be extra-judicial, and mere obiter dicta.” Dred Scott brought a lawsuit for his freedom in the Circuit Court of St. Louis County, Missouri. He received a verdict in his favor, but this decision was deemed obiter dicta because a black person in 1856 was not recognized as a citizen of the United States.

 The obiter dictum in Dred Scott became the basis for the XIV Amendment ratified on July 9, 1868.  “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and any of the State wherein they reside.  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person visits in its jurisdiction the equal protection of the laws.”

 Obiter dictum is pronounced (ob-i-ter dik-tem)

Lee Davis
Davis & Hoss, PC
508 East 5th Street
Chattanooga, TN 37403

423-266-0605

 


New Hamilton County Businesses

Here are the new business licenses from the County Clerk's office: 309 MEDIA 100 CHEROKEE BLVD SUITE 2112 CHATTANOOGA, TN 37405 A TOTAL EDGE 8916 BRAMLETT ROAD HARRISON, TN 37341 A-1 TAXI AND TRANSPORTATION LLC 8908 DRAKE PARKWAY ROAD CHATTANOOGA, TN 37416 ADVANCED COMMERCIAL GROUP, INC VARIOUS LOCATIONS CHATTANOOGA, TN 37400 ADVENTUREITUS ... (click for more)

December State Revenues Higher Than Previous Year

Tennessee revenues for December exceeded the same month one year ago.  Finance and Administration Commissioner Larry Martin reported Friday that state revenues for December were $1.2 billion, which is a growth of 11.33 percent and $125.5 million more than December 2015.   “Total revenues in December were higher than expected due to collections in the sales and corporate ... (click for more)

Walker Charged With Sunday Night Murder Of Girlfriend In LaFayette

A 29-year-old Walker County man has been charged with murdering his girlfriend, also 29. Sheriff Steve Wilson said David Ryan Walker was charged in the slaying of Candace Ann Hankins. He said she was killed inside a house on Wheeler Road in LaFayette and her body was found in woods behind the house. The sheriff said Walker called relatives to express remorse about the killing. ... (click for more)

Man With Gun Runs From Police At Hamilton Place Mall; Pushes Shoppers Out Of The Way

A man who was found to be armed with a handgun was chased by police early Saturday afternoon. He pushed shoppers out of the way during the pursuit, which included racing down an escalator.   Erwin J. Rogers, 22, of 6111 Nottingham Dr., is facing multiple charges.    Around 1:50 p.m., Chattanooga Police officers working at the Hamilton Place Mall ... (click for more)

The Tax Assessor's Sneak Attack On Dual Taxpayers

State law requires a reappraisal of properties every four years. The Tax Assessor's Office has always been responsible for that task. A state law was passed several years ago that allows the cost to shift to individual towns and cities that lie within Hamilton County. Just because the tax assessor can legally abuse dual city/county taxpaying property owners doesn't mean he should. ... (click for more)

Roy Exum: Sleep, Kelly’s On Watch

As the most intense week begins in President-elect Donald’s Trump’s ascent to become the most powerful man in the world, it is now strikingly obvious he has surrounded himself with the greatest collection of leaders to ever fill a Presidential cabinet. Each is a proven winner, be it in business, the military, or national affairs. Last week a confirmation hearing were heard for ... (click for more)