ULTRA VIRES vs OBITER DICTUM: NOUN
- N/A
- A statement or remark in a court's judgment that is not essential to the disposition of the case.
- An incidental and collateral opinion uttered by a judge. See dictum, n., 2 (a).
- An incidental remark
- An opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding
ULTRA VIRES vs OBITER DICTUM: ADJECTIVE
- Beyond the legal power or authority of a person or official or body etc
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ULTRA VIRES vs OBITER DICTUM: ADVERB
- Beyond the scope or in excess of legal power or authority
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ULTRA VIRES vs OBITER DICTUM: 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.
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ULTRA VIRES vs OBITER DICTUM: RELATED WORDS
- Null, Contravened, Justiciable, Mala fide, Nullity, Lawful, Prohibitory, Unlawful, Unenforceable, Inapplicable, Statutory, Unconstitutional, Contravention, Violative, Intra vires
- Controverted, Lenity, Surplusage, Indefiniteness, Affirmance, Logical fallacy, Caselaw, Argumentation, Fortiori, Averment, Precedential, Ipse dixit, Obiter, Passing comment, Dictum
ULTRA VIRES vs OBITER DICTUM: DESCRIBE WORDS
- Null, Contravened, Justiciable, Mala fide, Nullity, Lawful, Prohibitory, Unlawful, Unenforceable, Inapplicable, Statutory, Unconstitutional, Contravention, Violative, Intra vires
- Dicta, Controverted, Lenity, Surplusage, Indefiniteness, Affirmance, Logical fallacy, Caselaw, Argumentation, Fortiori, Averment, Precedential, Ipse dixit, Obiter, Dictum
ULTRA VIRES vs OBITER DICTUM: 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.
- The author has also failed to provide clarity in distinguishing the obiter dictum, ratio decidendi, and the dissenting opinion in the different cases mentioned.
- It also introduces students to the use materials, how to brief a case, judicial precedents and obiter dictum in Nigerian case law legislation.
- This clearly shows that the obiter dictum cannot be considered as an overruling of the previous case law.
- Franche Bich establishes, and rightly so, a distinction between this simple presumption and an obiter dictum.
- It was, in fact, part of an obiter dictum unrelated to the case in hand.
- To be sure, this obiter dictum clearly is not a considered judgment.
- NBA and applied by the District Court as obiter dictum.
ULTRA VIRES vs OBITER DICTUM: 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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