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i am talking about like in the dred scott decision. cheif justice taney did not just rule on dred scotts case, he went beyond to say that all of the laws forbiding slavery were void because they went against the constitution by violating the fifth amendmen. whats that called? its like a latin word or something...

2007-12-02 08:59:43 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

obiter dicta doesnt mean that. I am not sure there is a term for it as your asking. Its often called judicial activism but I know thats not what your asking for either.

2007-12-02 09:23:51 · answer #1 · answered by sociald 7 · 0 0

You are perhaps referring to the term, "dicta," or "obiter dicta," when an appellate judge makes remarks about the law extending beyond the holding of the case.

2007-12-02 17:10:26 · answer #2 · answered by Anonymous · 0 0

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