obiter

The judge made an obiter remark about the importance of transparency.

Definition

1. Adverb (legal term):
   • In passing; incidentally: "obiter" is used in legal contexts to describe a remark or observation made by a judge in a judicial opinion that is not essential to the decision and therefore not binding as precedent.

Usage Examples

• (The remark was incidental and non-binding.)
• (An incidental observation not central to the case.)

Advanced Usage

• "obiter dictum" (often shortened to "obiter"): a Latin phrase meaning "a thing said in passing" — a judicial comment that is not necessary for the decision.
  • The lawyer argued that the lower court's analysis was merely obiter dictum and should be ignored. (The analysis was incidental and not binding.)

Variants and Related Words

• Obiter dictum (n): the full Latin phrase; a single remark made in passing.

  • The obiter dictum in the ruling suggested a possible change in legal interpretation. (The incidental remark hinted at future developments.)

• Obiter dicta (n, plural): multiple incidental remarks or observations.

  • The judgment contained several obiter dicta that scholars have since debated. (Several non-binding comments.)

Synonyms

• Incidental: occurring as a minor part of something else.
• Collateral: additional but subordinate; secondary.

Related Idioms

• In passing: said or done while dealing with something more important.
  • The professor mentioned the theory in passing, without elaborating. (Incidentally, not as a main point.)

Usage Notes

• "Obiter" is almost exclusively used in legal writing and discussions. It is not common in everyday speech.
• The term is often paired with "dictum" (singular) or "dicta" (plural) to form the full phrase "obiter dictum" or "obiter dicta."