obiter dictum

[ ob-i-ter dik-tuhm ]

noun

, plural ob·i·ter dic·ta [ob, -i-ter , dik, -t, uh].

1. an incidental or passing remark, opinion, etc.
2. Law. an incidental or supplementary opinion by a judge in deciding a case, upon a matter not essential to the decision, and therefore not binding as precedent.

obiter dictum

/ ˈɒbɪtə ˈdɪktəm; ˈəʊ- /

noun

1. law an observation by a judge on some point of law not directly in issue in the case before him and thus neither requiring his decision nor serving as a precedent, but nevertheless of persuasive authority
2. any comment, remark, or observation made in passing

Word History and Origins

Origin of obiter dictum¹

1805–15; < Latin: (a) saying by the way

Word History and Origins

Origin of obiter dictum¹

Latin: something said in passing

Example Sentences

"It is an obiter dictum," somebody said to me, apparently thinking that Latin would persuade me.

From The Daily Beast

The assumption in this obiter dictum seemed to be that Rabelais is an obscene writer.

From Project Gutenberg

Purely as an obiter dictum the court discussed briefly the interpretation of the original act in respect to rate-making power.

From Project Gutenberg

Several decisions not only adopted the obiter dictum of the Osborne case, above described, but proceeded to expand upon it.

From Project Gutenberg

In the preceding chronicles no mention, I believe, has been made of one little bird that deserves more than a mere obiter dictum.

From Project Gutenberg

But the judges of the circuit courts know better, and never have enforced that obiter dictum.

From Project Gutenberg