Obiter dictum

Literally a statement said "by the way", an obiter dictum is a remark or observation made by a judge while issuing a ruling that does not form a necessary part of their decision. Because obiter dicta are not the subject of the decision, they are not binding under the doctrine of stare decisis, although in some jurisdictions, such as England and Wales, they can be strongly persuasive.

Related Topics:
Judge - Stare decisis - England and Wales

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An example of an instance where a judgment may include obiter dicta is where a court rules that it lacks jurisdiction to hear a case or dismisses the case on a technicality. If the court in such a case offers opinions on the merits of the case, such opinions constitute obiter dicta. Less clear-cut instances of obiter dicta occur where a judge makes a side comment in a judgment to provide context for other parts of the judgment, or makes a thorough exploration of a relevant area of law.

Related Topics:
Judgment - Jurisdiction - Technicality

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Contrast with ratio decidendi.

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