Appellate Practice
Dictum
DIK-tum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
Plain-English definition
Dictum (Latin for 'something said'; plural dicta) is judicial commentary that is not essential to the decision. It can be persuasive in later cases but is not binding precedent in the way the holding is. Distinguishing holding from dictum is a common appellate-advocacy task.
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Final Judgment Rule
The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.