Obiter

Legal Definition and Related Resources of Obiter

Meaning of Obiter

(Lat. from obire, to pass). By the way; in passing. This point was not the principal question in the case of Clere and Brooke, but the law concerning it is delivered obiter only, and in the course of argument, by Justice Manwoode. 2 Bl. Comm. 238.

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This definition of Obiter is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of “Obiter”

Traditional meaning of obiter in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) By the way; in passing; see DICTUM.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Obiter”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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Concept of “By The Bye (Obiter)”

Traditional meaning of by the bye (obiter) in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Incidentally; without special process. Used of a declaration filed, against a person already in custody, by another plaintiff, or for a new cause of action.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “By The Bye (Obiter)”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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