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

Sometime during their years of instruction, most law school students encounter the Latin phrase “obiter dictum,” and many of them promptly forget it.

From Washington Post

Hersey and Wolfe were given to issuing restrictive obiter dicta about nonfiction writing.

From The New Yorker

Judging by Southgate’s obiter dicta at his post‑match press conference it seems England were broadly convinced that the choice for the last 16 would boil down to Senegal and Colombia.

From The Guardian

In his remarks, Kerr explained: “These findings do not represent a binding decision of the of the court. Technically, the findings are what are described as ‘obiter dicta’.

From The Guardian

Like any author worth reading, Mr. Hens is sometimes best when he goes off-topic, dispatching obiter dicta.

From New York Times