appellate procedure

obiter dicta

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...

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

Parties

Appellant/Plaintiff: Jeffrey M. Stambovsky

Respondent/Defendant: Helen V. Ackley et al.

Court and Date

Appellate Division 1st Department of the Supreme Court...

Pages