obiter dictum

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obiter dictum

A judge makes an obiter dictum during a legal discussion.

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.
obiter dictum

A judge makes an obiter dictum during a legal discussion.

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

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