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

 


Undercover Hostess Launches New Website

Undercover Hostess, the women-owned startup which creates and rents stylish party supplies, announced the launch of their new website,  www.undercoverhostess.com  on Tuesday, Sept. 30. The company debuted a unique and innovative concept for hosting parties: beautifully detailed party kits that customers rent, and are then delivered right to their door.   ... (click for more)

Scott Miller Joins LBMC

LBMC, PC, has added Scott Miller to the Accounting and Assurance services team. Mr. Miller serves as a staff accountant within the LBMC Accounting and Assurance team working with companies in the manufacturing, not-for-profit, and real estate industries. Prior to LBMC, Mr. Miller worked as an intern for both Kraft CPA’s and Parker, Parker & Associates. He earned both ... (click for more)

Attorneys For Life Care Centers Of America Seek Direct Appeal On Key Issue In Federal Lawsuit

Attorneys for Life Care Centers of America are seeking a direct appeal to the Sixth Circuit Court of Appeals on a key issue in the case in which the federal government is seeking millions of dollars in reimbursements, plus treble damages, against the Cleveland, Tn.,-based firm. The attorneys want to appeal a decision by Federal Judge Sandy Mattice that would allow the testimony ... (click for more)

Couple Die In Wreck In Marion County After Vehicle Goes Off Highway In A Curve

Two people died in a wreck in Marion County late Saturday night. The victims were identified as Glenda White, 33, of Palmer, Tn., and Jeremy Braden, 28, of Gruetli Laager, Tn. Both were ejected from their vehicle. They ran off the left side of Highway 108 at a curve while going north. The vehicle went through a fence into a field, before striking a tree and then coming ... (click for more)

Frances Pope Is The Only Answer For East Ridge Mayor

The time is upon us to stand together for a change, a changing of the guard for the better.  A time to elect officials that will actually listen to all the citizens that have concerns. A time to come together to watch East Ridge grow with new development. A time to elect the people in charge of the direction the city goes. A time when community involvement is essential. ... (click for more)

Roy Exum: UT Ain’t Heard Nothing Yet!

Just moments before Florida would seal a football 10-9 victory over Tennessee in early October, the student section in Neyland Stadium stooped to a new low when it vociferously chanted, “F*** you, Florida! F*** you, Florida!” It was shocking, a loud and vulgar display of all that sportsmanship isn’t, and served as a great embarrassment to Knoxville and the university. Jimmy Cheek, ... (click for more)