Obiter dicta is the plural form of obiter dictum, which is Latin for “something said in passing.” The term describes comments, suggestions, or observations made by a judge in an opinion that are not necessary to resolve the case, and as such, are not legally binding on other
Latin for "something said in passing."
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs.
Overrule is used in two circumstances: (1) when an attorney raises an objection to the admissibility of evidence at trial and (2) when an appellate court issues its ruling.
The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. See also respondent.
Plain error is error that is plainly evident from the record and affects a litigant's substantial right(s). Although an appellate court generally only reviews errors brought to its attention by the litigants, it has the discretion to correct plain errors that were not addressed, or forfeited, when not doing so would affect the integrity and reputation of the courts. However, this power is permissive and not mandatory.
Plaintiff is the party who initiates a lawsuit in a civil case by filing a complaint against the
A procedendo is one of the six prerogative writs. A writ of procedendo is a directive from a superior court to an inferior court ordering the inferior court to resume consideration of a case when the superior court believes that the grounds for removal were insufficient.
