Dictum
Literal meaning: “A thing said; a remark”
What does the Latin term "Dictum" mean in law?
Dictum (plural: dicta) refers to a statement in a judicial opinion that is not essential to the resolution of the case before the court and therefore does not constitute binding precedent. While obiter dictum refers broadly to any incidental remark, dictum in practice often refers to passages where a court opines on hypothetical scenarios, addresses issues not raised by the parties, or discusses the law more broadly than necessary to decide the case. Though dicta lack binding force under the doctrine of stare decisis, they can be highly persuasive and may signal how a court would rule on a related issue in a future case. Attorneys frequently cite favorable dicta to support arguments when binding authority is lacking. The line between holding and dictum is often contested and can become a central issue in subsequent litigation.
Source: General · Legal Latin
Legal Definition
Dictum (plural: dicta) refers to a statement in a judicial opinion that is not essential to the resolution of the case before the court and therefore does not constitute binding precedent. While obiter dictum refers broadly to any incidental remark, dictum in practice often refers to passages where a court opines on hypothetical scenarios, addresses issues not raised by the parties, or discusses the law more broadly than necessary to decide the case. Though dicta lack binding force under the doctrine of stare decisis, they can be highly persuasive and may signal how a court would rule on a related issue in a future case. Attorneys frequently cite favorable dicta to support arguments when binding authority is lacking. The line between holding and dictum is often contested and can become a central issue in subsequent litigation.
How It's Used
Law students and practitioners must learn to distinguish dictum from holding when reading cases, as only the holding creates binding precedent. Dicta from higher courts, particularly the Supreme Court, carry significant persuasive weight even though they are technically non-binding.
Example Sentences
The appellate court noted that the trial judge's discussion of potential damages was mere dictum because the case was decided on jurisdictional grounds.
Although the Supreme Court's statement about the scope of executive privilege was dictum, lower courts treated it as highly persuasive authority.
Defense counsel argued that the passage plaintiff relied upon was dictum, not holding, and therefore did not control the outcome of the present case.