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.


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.