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

 


JHM Certified Public Accountants Celebrates New Location

After nearly 40 years in their downtown location, Johnson, Hickey & Murchison Certified Public Accountants, a Chattanooga-based CPA firm, is moving to a new site just off Shallowford Road.   “The new location and fresh build-out have provided us with renewed energy and enthusiasm,” said Dean Krech, managing partner for JHM Certified Public Accountants. “We are so thrilled ... (click for more)

Blissful Wellness At Nutrition World Has Grand Reopening

Blissful Wellness at Nutrition World will host a grand reopening next week. It is at 6237 Vance Road Ste 8 Chattanooga, TN 37421. The week will include workshops, give a ways, and a free yoga class. For more information about the events of the week, contact Studio Manager Maggie Bailey at 423-298-8670 or visit Blissful Wellness on Facebook. (click for more)

City To Begin Shipping Much Of Its Garbage To Bradley County

City Public Works Administrator Justin Holland said the city plans to begin shipping much of its garbage to Bradley County. He said the deal is projected to extend the life of the city landfill at Birchwood by 15 years. Mr. Holland said Bradley County "has a huge landfill and takes garbage from Knoxville and other municipalities. It's regional." He said Bradley County charges ... (click for more)

Man Says He Did Nothing To Provoke Shooting At Bakewell Gas Station; Suspect Says Victim Was Coming Toward Him

A 33-year-old man who was shot in the face during a clash at a Bakewell gas station said he did nothing to provoke the shooting. The man charged said the victim cursed him, then started toward him. General Sessions Court Judge Clarence Shattuck, after a hearing on Tuesday, bound to the Grand Jury a charge of attempted first-degree murder against Donald Stuard II, 29, of Old Washington ... (click for more)

Something Beautiful Happened Monday Night - Not The Debate

Monday, Sept. 26, our first presidential debate happened; no minds were changed.  Yet something beautiful and important happened.  The Atlanta Falcons, my team, played the New Orleans Saints.  Instead of some irrelevant, broad based, screw America protest, the opposing teams locked arms in unity. I was impressed. I have been a Falcon Fan since 1971 when WMOC AM ... (click for more)

Roy Exum: Arnold Palmer’s Greatness

This is hardly meant to be flippant but I’d be willing to bet I’ve been in the presence of more great people than anyone you know. I’ve never ranked them, or ever dared to wonder who was the greatest, such as Muhammad Ali or Elvis Presley, but there are two traits that those who reach the highest pinnacle have in common. First, not a one of them was any good at what made them famous ... (click for more)