obiter dictum


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o·bi·ter dictum

 (ō′bĭ-tər)
n. pl. obiter dicta (-tə) Law
See dictum.

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

obiter dictum

(ˈɒbɪtə ˈdɪktəm; ˈəʊ-)
n, pl obiter dicta (ˈdɪktə)
1. (Law) law an observation by a judge on some point of law not directly in issue in the case before him or her and thus neither requiring a decision nor serving as a precedent, but nevertheless of persuasive authority
2. any comment, remark, or observation made in passing
[Latin: something said in passing]

ob•i•ter dic•tum

(ˈɒb ɪ tər ˈdɪk təm)

n., pl. obiter dic•ta (ˈdɪk tə)
1. an incidental remark or opinion.
2. a judicial opinion in a matter related but not essential to a case.
[1805–15; < Latin: (a) saying by the way]

obiter dictum

A Latin phrase meaning something said in passing.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.obiter dictum - an incidental remark
comment, remark, input - a statement that expresses a personal opinion or belief or adds information; "from time to time she contributed a personal comment on his account"
2.obiter dictum - an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding
judgement, legal opinion, opinion, judgment - the legal document stating the reasons for a judicial decision; "opinions are usually written by a single judge"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

obiter dictum

noun
An expression of fact or opinion:
References in periodicals archive ?
Unfortunately, the senate amplified the obiter dictum (statement by the way) in the judgment, ignoring the most important part which was dismissal of the suit over locus standi, thus, of no effect.
They agreed with Justice John Mativo of the High Court, who said the 2013 decision was an obiter dictum - uttered in court, but not legally binding on other courts as a precedent.
To understand the issue, one needs to learn the meaning of the words obiter dictum .
En resumen, para seguir (24) (crear (25)) el "precedente" es necesario hacer la distincion entre la ratio decidendi y el obiter dictum.
Black's Law Dictionary defines obiter dictum as "[a] judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive)".
Latin for "something said in passing," obiter dictum is "[a] judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive).
However, the court provided obiter dictum (an after the decision opinion) that the agency lacked jurisdiction to grant common law public interest standing, even if the "genuine interest" factor would work to separate valid challengers from busybodies.
7) G W Paton and G Sawer, 'Ratio Decidendi and Obiter Dictum in Appellate Courts' (1947) 63 Law Quarterly Review 461,461; see also at 465-70.
An obiter dictum on class and materialism; according to Mohsin her paintings show her own struggle to reconcile the disparity between the socio-economic classes.
that obiter dictum "was not essential to the decision of that court and is without force as precedent").