dicta
Definition
- Noun (plural of ):
- Formal pronouncements: "dicta" are authoritative or formal statements of opinion or belief, often made by a person in a position of authority.
- Legal opinions: In law, "dicta" (or obiter dicta) refer to statements made by a judge in a court decision that are not essential to the legal reasoning and thus are not binding as precedent.
- Maxims or sayings: "dicta" can also refer to short, pithy statements that express a general truth or rule of conduct, such as proverbs or maxims.
Usage Examples
- (The judge's non-essential statements in the ruling are not legally binding.)
- (His speech contained many memorable sayings or pronouncements about education.)
- (Scholars frequently cite the authoritative statements of ancient philosophers.)
Advanced Usage
"Obiter dicta": a legal term meaning "things said by the way" — incidental remarks or observations made by a judge in a judicial opinion that are not essential to the decision.
- The court’s obiter dicta suggested a future change in the law, though it was not binding. (The judge's incidental remarks hinted at a possible legal shift, but they have no legal force.)
"Dicta as precedent": In legal systems, only the ratio decidendi (the essential reasoning) of a case is binding, while dicta are persuasive but not mandatory.
- Lawyers often use dicta from higher courts to argue for a particular interpretation, even though these statements are not binding. (Lawyers cite non-binding judicial comments to support their case.)
Variants and Related Words
Dictum (n, singular): a formal pronouncement or authoritative statement.
- The CEO's dictum that "customer satisfaction is paramount" guided company policy. (The CEO's authoritative statement shaped the company's approach.)
Dictatorial (adj): relating to or characteristic of a dictator; domineering or overbearing.
- His dictatorial style of management left little room for discussion. (His domineering management style allowed no debate.)
Synonyms
- Pronouncements: formal or official statements.
- Maxims: short, general truths or rules of conduct.
- Sayings: well-known expressions of wisdom or opinion.
- Precepts: rules or instructions intended as guides for action.
Related Idioms
"Dicta are not law": a phrase meaning that incidental remarks in a legal opinion are not binding.
- The judge reminded the jury that dicta are not law, so they should ignore the judge's personal opinions. (The judge instructed the jury to disregard non-binding remarks.)
"Speak in dicta": to make authoritative or dogmatic statements.
- The professor tends to speak in dicta, as if his opinions are undeniable truths. (The professor often makes pronouncements as if they are unquestionable facts.)