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Definitions

American Heritage® Dictionary of the English Language, Fourth Edition

  1. n. Law An opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding. Also called dictum.
  2. n. An incidental remark or observation; a passing comment.

Wiktionary

  1. n. a statement or remark in a court’s judgment that is not essential to the disposition of the case.

GNU Webster's 1913

  1. n. An incidental and collateral opinion uttered by a judge. See dictum, n., 2 (a).

WordNet 3.0

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

Etymologies

  1. Latin, something said in passing : obiter, in passing + dictum, something said, from neuter past participle of dīcere, to say.

Examples

  • “R. Cross, the leading modern English writer on precedent, declines to regard the distinction between ratio decidendi and obiter dictum as “entirely chimerical” in English law and concludes that to accept the views of Judge Jerome”

    LEGAL PRECEDENT

Lists

These user-created lists contain the word ‘obiter dictum’.

Comments

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  • hernesheir Thanks for listing this, by the way. Jun 9, 2010

‘obiter dictum’ has been looked up 1499 times, loved by 1 person, added to 13 lists, commented on 1 time, and is not a valid Scrabble word.