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Dictum
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of '' stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dictum Proprium
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of '' stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike ''obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Church Cantatas Of Bach's Third To Fifth Year In Leipzig
On Trinity Sunday 27 May 1725 Johann Sebastian Bach had presented the last cantata of his second cantata cycle, the cycle which coincided with his second year in Leipzig. As director musices of the principal churches in Leipzig he presented a variety of cantatas over the next three years. New cantatas for occasions of the liturgical year composed in this period, except for a few in the chorale cantata format, are known as Bach's third cantata cycle. His next cycle of church cantatas, the Picander cycle, did not start before St. John's Day 24 June 1728. Sacred music of this period by Bach which doesn't belong to a cantata cycle includes council election cantatas, Passion music for Good Friday, and music for weddings and funerals. Annually returning services After Trinity of 1725 Johann Sebastian Bach began a third annual cycle, but with less consistency than the previous two. The oldest extant cantata of the third cycle was composed for the ninth Sunday after Trinity 1725. The t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Dictum
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geistliches Konzert
Sacred concerto (german: geistliches Konzert, plural , ) is a 17th-century genre of sacred music, characterized as settings of religious texts requiring both vocal soloists and obbligato instrumental forces for performance.geistliches Konzert at Starting from Italian models, the genre flourished primarily in Germany. It is a broad term for various genres of chamber concerto for a small number of voices and instruments popular in Germany during the 17th century and prefiguring the late baroque and solo sacred cantata forms. History Early Baroque The stylistic ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lutheran Hymn
Martin Luther was a great enthusiast for music, and this is why it forms a large part of Lutheran services; in particular, Luther admired the composers Josquin des Prez and Ludwig Senfl and wanted singing in the church to move away from the ''ars perfecta'' (Catholic Sacred Music of the late Renaissance) and towards singing as a ''Gemeinschaft'' (community). Lutheran hymns are sometimes known as chorales. Lutheran hymnody is well known for its doctrinal, didactic, and musical richness. Most Lutheran churches are active musically with choirs, handbell choirs, children's choirs, and occasionally change ringing groups that ring bells in a bell tower. Johann Sebastian Bach, a devout Lutheran, composed music for the Lutheran church: more than half of his over 1000 compositions are or contain Lutheran hymns. History Lutheran hymnals include: * ''Achtliederbuch'', a.k.a. the first Lutheran hymnal (1524). Contains, among others, "Nun freut euch, lieben Christen g'mein", "Es ist das ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sacred Scripture
Religious texts, including scripture, are texts which various religions consider to be of central importance to their religious tradition. They differ from literature by being a compilation or discussion of beliefs, mythologies, ritual practices, commandments or laws, ethical conduct, spiritual aspirations, and for creating or fostering a religious community. The relative authority of religious texts develops over time and is derived from the ratification, enforcement, and its use across generations. Some religious texts are accepted or categorized as canonical, some non-canonical, and others extracanonical, semi-canonical, deutero-canonical, pre-canonical or post-canonical. "Scripture" (or "scriptures") is a subset of religious texts considered to be "especially authoritative", revered and "holy writ", "sacred, canonical", or of "supreme authority, special status" to a religious community. The terms ''sacred text'' and ''religious text'' are not necessarily interchangeable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reformation
The Reformation (alternatively named the Protestant Reformation or the European Reformation) was a major movement within Western Christianity in 16th-century Europe that posed a religious and political challenge to the Catholic Church and in particular to papal authority, arising from what were perceived to be errors, abuses, and discrepancies by the Catholic Church. The Reformation was the start of Protestantism and the split of the Western Church into Protestantism and what is now the Roman Catholic Church. It is also considered to be one of the events that signified the end of the Middle Ages and the beginning of the early modern period in Europe.Davies ''Europe'' pp. 291–293 Prior to Martin Luther, there were many earlier reform movements. Although the Reformation is usually considered to have started with the publication of the '' Ninety-five Theses'' by Martin Luther in 1517, he was not excommunicated by Pope Leo X until January 1521. The Diet of Worms of May 152 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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