This case has been cited 1 times or more.
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2009-12-01 |
NACHURA, J. |
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| An obiter dictum has been defined as a remark or opinion uttered, `by the way.'[57] It is a statement of the court concerning a question which was not directly before it.[58] It is language unnecessary to a decision, a ruling on an issue not raised, or an opinion of a judge which does not embody the resolution or determination of the court, and is made without argument or full consideration of the point.[59] It is an expression of opinion by the court or judge on a collateral question not directly involved,[60] or not necessary for the decision.[61] Accordingly, it lacks the force of an adjudication and should not ordinarily be regarded as such.[62] | |||||