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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
Abad said the second decision of the Supreme Court, based on the government's motion for reconsideration, effectively removed that obiter.
Obiter dictum literally means "by the way." It is a side comment which has no binding effect and is not determinative of the Supreme Court's ruling or ratio decidendi.
English Rose (Owens, Dunne and Wynne) ran out 3-2 winners against Obiter with Jimmy German replying whilst Thirly, 3-0 up at half time against Oyster Martyrs, lost 5-4.
Obiter beat Farmers 7-2 thanks to double from Smith and Davidson for Obiter whilst Farmers scored through Gorst and Dowling as Oasis beat Dynamo PF 1-0.
Obiter had Jimmy German with a hat-trick and Jimmy Jones on target but it wasn't enough to beat Thirly who went one better to win 5-4.
East Villa beat Oasis 6-1 to remain in contention in 3rd spot after contributions from Rogers and McAuliffe's as Farmers and Obiter shred the spoils in a 2-2 draw thanks to respective doubles from Danny Davidson and Thomas Yates.
A Jimmy German double for Obiter wasn't enough to beat Thirly who netted three times to keep the pressure up on Fazakerley who won both games today against Nicosia in a double header 3-1 and 1-0.
Besides the Fazakerley wins Obiter beat English Rose 4-0, Alder beat Blue Anchor 3-0 and Home & Bargain were 3-2 winners over St Sebastian's.
In the Sunday Youth Division AFC Liverpool extended the gap to 13 points at the top of the table beating East Villa 5-2 while the highest score of the day has to be the 13-2 win by Obiter over the luckless Dynamo PF initiated by a Connor Green hat-trick and a brace from Danny Davidson.
THIRLY had Stannard and McGuinness consolidating their position at the top of the Premier with an emphatic 2-0 win over Obiter.
In the LCFA Intermediate Cup, Obiter lost 2-1 to Forefield Rangers as Warner Boys comfortably beat Holbank 2-0 to progress to Round 3 after George Ferguson and Josh Donnelly netted for Warner.
Obiter and Alder finished 1-1 while JOB beat Mossley Hill 3-0.