Obiter dictum

Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said",[1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.[2][3]

  1. ^ Black's Law Dictionary, p. 967 (5th ed. 1979).
  2. ^ Cite error: The named reference Warren was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference Dupree was invoked but never defined (see the help page).