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obiter dictum

obiter dictum

9.9
A judge's comment in a court opinion that is not part of the decision and is not legally binding
  • noun
  • /ˈoʊbɪtər ˈdɪktəm/
  • Jargon
translation icon : obiter dictum
  • Your Honor, that statement was obiter dictum.

Examples

  • The lawyer noted that the statement made by the judge was merely an obiter dictum and not part of the legal decision.

  • MM's obiter dictum about classifying music on a left-right scale is worth thinking about.

    Blog text (24)
  • His enviably fluid English style brings these topics to life, and his incessant curiosity into the byways of the disciplines throws up some entertaining obiter dicta in footnotes.

    Academic text (2007)
  • During the trial, the judge mentioned an obiter dictum that clarified his opinion without affecting the ruling.

  • In her written opinion, the justices included an obiter dictum that provided insight into their thought process.

Synonyms

passing comment
vsobiter dictum
1 3.3

A short casual remark that someone says without thinking

is presented within a judge's legal opinion rather than a casual aside
dictum
vsobiter dictum
  • Jargon
1 9.2

A judge's remark in a case that is not part of the decision and not binding

is the same legal opinion but mentioned with a specific judicial label

Surface Forms

obiter dictum singular
obiter dicta plural

Morphology

obiter + dictum

This is a learned Latin legalism: 'obiter' is not a regular English word and although 'dictum' suggests a saying or remark, the specific technical sense 'a non‑binding judicial remark' is specialized and not compositionally derivable by a B1 learner. Because the phrase is a genre‑specific borrowing (legal terminology) and relies on knowledge of Latin/legal usage rather than ordinary word combination, it is opaque to typical learners.

Etymology

Obiter dictum comes from two Latin words, obiter and dictum, where obiter means 'by the way' and dictum means 'a thing said'. Judges used it for remarks said in passing, not part of the court's main decision, so those comments are not legally binding.