Meaning & use
obiter dictum
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Meanings
nouncountablelegal
A remark a judge makes in a ruling that is not essential to the decision and so does not set a binding rule.
Grammar: Plural is obiter dicta; often used with an or the.
Patterns
- an obiter dictum on something
- say something as an obiter dictum
The judge's comment about tax law was only an obiter dictum.
Lawyers argued that the remark was obiter dictum and not binding.
In an obiter dictum, she suggested the law might need reform.
nouncountableformalhumorous
Any passing remark made while speaking about something else.
Grammar: Used humorously outside law: an obiter dictum.
His obiter dictum about the weather got a laugh.
She added an obiter dictum about the old teacher in her speech.
Word forms
| plural | obiter dicta |
|---|
Common combinations
- mere obiter dictum
- The court called the comment a mere obiter dictum.
- by way of obiter dictum
- The judge, by way of obiter dictum, criticized the delay.
- obiter dicta in the judgment
- The judgment contains obiter dicta on privacy.
- not binding obiter dictum
- An obiter dictum is not binding on later courts.
- relies on an obiter dictum
- The appeal relies on an obiter dictum from an earlier case.
Synonyms and how they differ
- aside
- Aside is a casual word for any side remark, while obiter dictum is a legal term for a judge's non-binding comment.
- passing remark
- Passing remark is plain English and carries no legal technical meaning.
- incidental comment
- Incidental comment is neutral and descriptive, whereas obiter dictum belongs to legal writing.
Opposites
Word family
Commonly confused: obiter dictum or ratio decidendi?
obiter dictum vs ratio decidendi
The ratio decidendi is the reasoning that is necessary for the decision and is binding, while an obiter dictum is not.
Practice
A judge's side comment that was not needed to decide the case is called an ___.
Choose one answer.
An obiter dictum is a remark made in passing and is not binding. The ratio decidendi is the binding reasoning, and a verdict is the decision itself.
Make it your own
Write a sentence using “obiter dictum”, then check it and compare it with the examples above.