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obiter dictum, Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court.
- Judicial Opinion
Other articles where judicial opinion is discussed: obiter...
- Judicial Opinion
- Definition of Obiter Dicta
- What Is Obiter Dicta
- Determining Obiter Dicta Or Ratio Decidendi
- Related Legal Terms and Issues
Pronounced ōb-i-ter dik-tah Noun 1. Incidental remarks, observations, or opinions articulated by a judge. 2. Supplementary opinions by a judge that is not essential to the actual decision. Origin 1782 Latin (“things said by the way”)
When a written judicial opinion is made, it contains two elements: (1) ratio decidendi, and (2) obiter dicta. Ratio decidendi is the Latin term meaning “the reason for the decision,” and refers to statements of the critical facts and law of the case. These are vital to the court’s decision itself. Obiter dictaare additional observations, remarks, a...
It is not always obvious when reading a court’s written decision what is obiter dicta, and what is ratio decidendi, yet this is crucial to knowing what portions of the decision are binding precedent. To aid in this determination, American legal scholar Eugene Wambaugh proposed what is now referred to as Wambaugh’s Inversion Test. This test holds th...
Binding Precedent– A rule or principle established by a court, which other courts are obligated to follow.Judicial Opinion – A statement prepared by a court or judge announcing the decision at the end of a trial.The Blacks Law Dictionary, (9th ed, 2009) defines term "obiter dictum' as a judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive).
Obiter dictum is a legal term that refers to a statement or opinion expressed by a judge in a court case that is not essential to the final decision or ruling. It's a side comment or observation made by the judge, rather than a crucial part of the legal reasoning behind the judgment.
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.
Dec 13, 2020 · In this article, he explains the law of precedents by referring to the doctrine of precedent, the principle of stare decisis, Article 141 of the Constitution of India, and the elements of judgments i.e Ratio decidendi and obiter dicta.
A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation. Also referred to as dictum, dicta, and judicial dicta.
