obiter dictum


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Obiter Dictum

[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.

obiter dictum

something said by a judge in a decision that is not essential to the decision and does not form part of the RATIO DECIDENDI.
References in periodicals archive ?
a]) [alfa]', que son similares a su caso Argumento 1 Ratio decidendi Ratio decidendi Sustentacion Argumento 2 Ratio decidendi Obiter dictum ([s.
Citing only the obiter dictum, which is a nonlegally binding supportive argument, as legal grounds for foreign suffrage is absurd.
This case conflicts with an earlier obiter dictum of the Court of Appeal in Good v.
He said it was the obiter dictum in the original DAP decision of the Supreme Court that tended to undermine the presumption of innocence and the regularlity of acts of officials when performing their functions.
Obiter dictum is Latin for by the way, a remark made in passing in a court decision that does not affect the judge's final resolution.
The issue has been repeatedly brought up as the 1995 Supreme Court ruling says in its obiter dictum commentary that providing local suffrage to foreigners with permanent resident status is not prohibited under the Constitution, and that it is a matter for the Diet to take up.
9) That holding left us with the unanswered question: Why did the great Justice Bleckley invoke or enliven, in obiter dictum, Goldsmith's tipsy coachman, when it was not necessary?
Obiter dictum notwithstanding, close to a century later, the Supreme Court of Florida, reminded of Justice Bleckley's quote from Goldsmith's Retaliation, (10) expressly adopted Georgia's common law tipsy coachman doctrine.
While a couple of Florida courts have recognized Justice Bleckley's quote from Goldsmith's poem, (13) no Florida court has recognized his selective quote was merely obiter dictum nor considered the actual poem, beyond some few "coachman" lines from where this legal concept arose, or the true origin of the doctrine.
vs Court of Appeals (March 19, 2002), it was held that an obiter dictum "lacks force of adjudication.
The recognition partakes of the nature of what we lawyers call obiter dictum, which are not binding as a precedent and, therefore, the High Court may rule in the future that there is really no crime of Internet libel.