ULTRA VIRES vs OBITER: NOUN
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- An obiter dictum; a statement from the bench commenting on a point of law which is not necessary for the judgment at hand and therefore has no judicial weight, as opposed to ratio decidendi.
ULTRA VIRES vs OBITER: ADJECTIVE
- Beyond the legal power or authority of a person or official or body etc
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ULTRA VIRES vs OBITER: ADVERB
- Beyond the scope or in excess of legal power or authority
- Incidentally; in passing.
- In passing; incidentally; by the way.
ULTRA VIRES vs OBITER: OTHER WORD TYPES
- Beyond power; transcending authority; -- a phrase used frequently in relation to acts or enactments by corporations in excess of their chartered or statutory rights.
- Beyond one's power; specifically, beyond the legal or constitutional power of a person, court, or corporation.
- In passing; by the way; by the by; incidentally.
ULTRA VIRES vs OBITER: RELATED WORDS
- Null, Contravened, Justiciable, Mala fide, Nullity, Lawful, Prohibitory, Unlawful, Unenforceable, Inapplicable, Statutory, Unconstitutional, Contravention, Violative, Intra vires
- Inferable, Irrebuttable, Admissible, Interlocutory, Arguable, Conclusory, Inapplicable, Jurisprudential, Tautological, Dispositive, Fortiori, Inapposite, Precedential, Dictum, Dicta
ULTRA VIRES vs OBITER: DESCRIBE WORDS
- Null, Contravened, Justiciable, Mala fide, Nullity, Lawful, Prohibitory, Unlawful, Unenforceable, Inapplicable, Statutory, Unconstitutional, Contravention, Violative, Intra vires
- Inferable, Irrebuttable, Admissible, Interlocutory, Arguable, Conclusory, Inapplicable, Jurisprudential, Tautological, Dispositive, Fortiori, Inapposite, Precedential, Dictum, Dicta
ULTRA VIRES vs OBITER: SENTENCE EXAMPLES
- Remedios para evitar la responsabilidad ultra vires hereditatis.
- Circular being declared ultra vires, void and invalid.
- This became known as the ultra vires doctrine.
- Ultra vires unavailable to invalidate transfers of property.
- It is simply because we are ultra vires.
- And this was ultra vires the federal government.
- Ultra vires contract: A contract of a corporation which is ultra vires is void ab initio and of no legal effect.
- How can it be ultra vires if it has no vires to be ultra?
- All, including adjudicators, QCAT, BCC solicitors and counsel, real estate agent and employee heaped ultra vires incompetence upon ultra vires incompetence.
- Companies Act, Memorandurn Association, and Ultra vires the Articles act done contrary to in scope of ultra vires Act.
- Philosophia obiter libata abducit a Deo, penitus hausta reducit ad eundem.
- His comments on thenature of membership rights are, strictly, obiter dicta.
- Only that which is truly obiter may not be followed.
- NBA and applied by the District Court as obiter dictum.
- Walele judgment contained wrong statements in law and were obiter.
- Although obiter, this part of the decision is worth noting.
- Note the relevancy of obiter dicta in future court decisions.
- This distinction between ratio and obiter can be fluid.
- Supreme Court as obiter and contrary to mainstream reasoning.
- Always remember that obiter dicta are not binding.
ULTRA VIRES vs OBITER: QUESTIONS
- What have we learned from the second wave of ultra vires?
- Does the English doctrine of ultra vires apply to local authorities?
- How has the doctrine of ultra vires been modified in England?
- Can a third party rely on the theory of ultra vires?
- How can a company evade the doctrine of ultra vires?
- What are the advantages and disadvantages of ultra vires articles?
- Can Statute of limitation apply to ultra vires act?
- Was the ultra vires doctrine abolished in Australia?
- Are ultra vires acts performed by corporations legal?
- What is the meaning of intra vires and ultra vires?
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