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Nettleton v. James, supra, stated as dictum that a latent defect would be an excuse.
It starts by disparaging the rule as having "originated as dictum". Ante, at 6.
The quote from Justice Jackson is a lovely turn of phrase, but one that lawyers readily recognize as dictum only.
It does not matter to me whether the decision on the validity of the location differential is classified as dictum or a holding.
The Ohio court in the present case appears to have dismissed Part III as "dictum". 55 Ohio St.2d at 198, 378 N.E.2d at 497.
The "effective vindication" exception to which respondents allude originated as dictum in Mitsubishi Motors, where we expressed a willingness to invalidate, on "public policy" grounds, arbitration agreements that "operat[e]..
Similar(53)
The prescriptions as statim, pro re nata and ut dictum as well as outliers with dosages greater or less than 1.5 interquartile ranges were excluded from analysis.
They follow a dictum as old as the association itself: beware of N.C.A.A. committees bearing gifts.
Banksy has always had a fatalistic streak: in one of his books, a pair of lovebirds is juxtaposed with the dictum "As soon as you meet someone, you know the reason you will leave them".
This double movement — first toward mere play, then toward real power — is in part a classic cycle in the making of modern art, reversing Marx's "first time as tragedy, the second time as farce" dictum.
Whitehead was writing about mathematics, but technology, with its reliance on formula and algorithms, easily fits his dictum as well.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com