ACADEMIC TOPICS

Dictum

A remark, statement, or observation of a judge that is not a necessary part of the legal reasoning needed to reach the decision in a case. Although dictum may be cited in a legal argument, it is not binding as legal precedent, meaning that other courts are not required to accept it. Dictum is an abbreviation of the Latin phrase "obiter dictum," which means a remark by the way, or an aside.

Dedimus Potestatum

An outdated legal procedure that permitted a party to take and record the testimony of a witness before trial, but only when that testimony might otherwise be lost. For example, a party to a lawsuit might use the procedure to obtain the testimony of a witness who was terminally ill and might not be able to testify at the trial. Nowadays, the Federal Rules of Civil Procedure routinely permit the taking of testimony before trial if that testimony might otherwise be lost.

Decide

To reach a determination of who is right and wrong in a legal matter, after looking at the facts and the law. Judges, hearing officers, magistrates, and arbitrators all may decide the outcome of cases that come before them.By contrast, mediators help disputing parties reach a mutually agreeable resolution, but do not decide matters themselves.

Database

A collection of information arranged in a way to facilitate updating and retrieval. Computer databases commonly consist both of materials protected by copyright and materials that are said to be in the public domain, either because their copyright has run out or because they consist of ideas and facts that themselves do not receive copyright protection. Despite the fact that the database owner may not own any copyright interest in any of the material in the database, the structure and organization of the database itself can qualify as an original work of authorship and thus be subject to copyright protection as a compilation. (See also: compilation)

Pages

Subscribe to RSS - ACADEMIC TOPICS