Dicta (Obiter Dictum)

Definition

Dicta (singular: dictum) are statements in a judicial opinion that are not necessary to the resolution of the case. While dicta may provide useful commentary or signal how a court might rule on future issues, they are not binding precedent. The distinction between holding (the rule applied to the facts to reach the decision) and dicta (everything else) is critical in legal analysis. Courts and advocates frequently debate whether a particular statement is holding or dictum, as only the holding has precedential force.

Example

In deciding a contracts case, a judge comments on what the rule would be for torts. That comment is dicta — it does not bind future courts on the tort issue.