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Obiter Dictum
(redirected from Obiter)

   Also found in: Dictionary/thesaurus, Wikipedia, Hutchinson 0.06 sec.

[Latin, By the way.] Words of an opinion entirely unnecessary for the decision of the case. A remark made or opinion expressed by a judge in a decision upon a cause, "by the way", that is, incidentally or collaterally, and not directly upon the question before the court or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Such are not binding as precedent.

Cross-references

Court Opinion.


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I was disappointed by your obiter dictum (passing comment) on Pope Benedict XVI in your June editorial, Why can't we simply say what we mean?
Frans Jozef van Beeck's article both puzzles and intrigues me; not on account of its main thrust, but by an obiter dictum.
14) Alciato, 1548, hh [7v]: Inscripsi autem opus ipsum Parergon, quod obiter haec a me dicta cum iam legitimo munere perfunctus essem, atque adeo in ipsius lectinnis excessu fuerint.
 
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