Obiter Dictum
Literal meaning: “A thing said in passing.”
What does the Latin term "Obiter Dictum" mean in law?
Obiter dictum (plural: obiter dicta, commonly shortened to 'dicta') refers to statements in a judicial opinion that are not essential to the court's holding and therefore do not constitute binding precedent. Dicta may include hypothetical observations, commentary on issues not directly before the court, or remarks about how the court might rule on different facts. While dicta are not binding under stare decisis, they may carry significant persuasive authority, particularly when issued by a higher court or when they signal how the court is likely to decide future cases. Distinguishing holding from dicta is a fundamental skill in legal analysis.
Source: General · Legal Latin
Legal Definition
Obiter dictum (plural: obiter dicta, commonly shortened to 'dicta') refers to statements in a judicial opinion that are not essential to the court's holding and therefore do not constitute binding precedent. Dicta may include hypothetical observations, commentary on issues not directly before the court, or remarks about how the court might rule on different facts. While dicta are not binding under stare decisis, they may carry significant persuasive authority, particularly when issued by a higher court or when they signal how the court is likely to decide future cases. Distinguishing holding from dicta is a fundamental skill in legal analysis.
How It's Used
Obiter dictum (or just 'dicta' in plural) is used in case analysis to identify statements that, while potentially interesting or persuasive, are not binding on future courts. It is one of the first analytical skills law students learn and remains essential throughout legal practice.
Example Sentences
The court's remarks about the constitutionality of a different statute were obiter dictum and not binding on this court.
While the dicta in the Supreme Court's opinion suggested sympathy for the plaintiff's position, only the holding is precedential.
The lower court erred by treating the appellate court's obiter dicta as a binding rule of law.