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...
appellate procedure
obiter dictum
Latin for "something said in passing."
A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive...
opinion
With respect to law, “opinion” primarily refers to a judicial opinion, which is a court’s written statement explaining the court’s decision for the case. The opinion usually contains the following elements: name of the judge who wrote the opinion,...
original jurisdiction
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal...
overrule
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.
In the first circumstance, in accordance with Rule 103 of the Federal...
petition for certiorari
Petition for certiorari refers to a petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should...
petitioner
The petitioner is the party who presents a petition or motion to the court. The term is frequently used to describe the appellant in an appeal, where the petitioner is usually the party who lost in the lower court. This can be either the...
plain error
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...
prohibition
See: writ of prohibition.
Prohibition may also refer to the time during which alcohol sale and transportation in the United States was illegal. Beginning in the mid-19th century, various groups, such as the Woman’s Christian Temperance Union,...
Stambovsky v. Ackley
Stambovsky v. Ackley
PartiesAppellant/Plaintiff: Jeffrey M. Stambovsky
Respondent/Defendant: Helen V. Ackley et al.
Court and DateAppellate Division 1st Department of the Supreme Court...