Definition

Noun: 1. An incidental remark: A comment made in passing that is not essential to the main discussion or argument. 2. An opinion voiced by a judge on a point of law not directly bearing on the case in question: In a legal context, it is a judge's expressed opinion on a legal matter that is not necessary for the court's decision and therefore does not establish a binding precedent.

Usage Examples

• As an incidental remark:

  • His main argument was sound, but he weakened it with a careless obiter dictum about his opponent's character.
  • The professor's lecture was informative, though filled with many amusing obiter dicta.

• In a legal context:

  • The judge's ruling on the contract was clear; her comments on future legislation were merely obiter dictum.
  • Law students must learn to distinguish between the ratio decidendi of a case and any obiter dicta.

Advanced Usage

• The plural form is obiter dicta.
• While often used in legal analysis, the term can be applied in academic, philosophical, or general discourse to label non-essential commentary.
• "To be merely obiter dictum": To be an aside or non-binding comment.
  • The court clarified that its statement on privacy rights was merely obiter dictum and not part of the holding.

Variants and Related Words

• Dictum (n): A formal pronouncement or statement of opinion. (Note: can be binding in some contexts, whereas is specifically non-binding.)
• Ratio decidendi (n): The legal principle or rule that forms the basis of a court's decision, which is binding, in contrast to .

Synonyms

• Aside: A remark not intended to be heard by everyone.
• Passing remark: A comment made incidentally.
• Incidental comment: A note that is not central to the matter.
• (Legal) Non-binding opinion: A judge's view that does not set a precedent.

Related Phrases

• By the way: Used to introduce an incidental remark (a common phrase equivalent to an in casual speech).
  • He concluded his report and added, 'by the way,' the market trends also look favorable.

Related Idioms

• A footnote to history: An incidental or minor comment on events (similar in concept to a non-essential about historical matters).
  • The diplomat's memoir contained the main narrative, with many personal obiter dicta that were like footnotes to history.

Noun

1. an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding
2. an incidental remark