obiter dictum

(redirected from Orbiter dicta)
Also found in: Dictionary, Thesaurus.

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.