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 ?
Citing only the obiter dictum, which is a nonlegally binding supportive argument, as legal grounds for foreign suffrage is absurd.
I do not know whether it was an order or an obiter dictum that religious prayers should not be held in public places.
Unfortunately, the senate amplified the obiter dictum (statement by the way) in the judgment, ignoring the most important part which was dismissal of the suit over locus standi, thus, of no effect.
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?
William Manning's obiter dictum concerning the U.S.
To understand the issue, one needs to learn the meaning of the words obiter dictum .
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.
They said the provision in the October ruling referring to ownership of different classes of shares was in the nature of "obiter dictum" and does not represent a legal precedent.
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.