A gratis dictum is a statement made by a court that is not essential to the decision of the case. It may be the judge’s personal opinion or a discussion of points not raised by the record. It is not authoritative and is often seen as less important than the court’s actual decision.
A gratuitous statement made by a court that is not crucial to the resolution of the current case is known as a gratis dictum. Such a statement may pertain to an entirely unrelated legal matter, and while it is not necessary for the court’s decision, it is an additional remark made by the court. Lawyers often criticize gratis dictums for their potential to cause confusion and mislead. Nevertheless, they can also offer valuable guidance for future cases.
Gratis Dictum refers to a legal principle that is not essential to the decision of a case, but is included by a judge as an additional remark or opinion.
No, Gratis Dictum is not legally binding. It is considered an obiter dictum, which means it is a non-binding statement made by a judge.
No, Gratis Dictum cannot be used as a precedent in future cases. Only the ratio decidendi, which is the essential reasoning behind a court’s decision, can be used as a binding precedent.
Judges may include Gratis Dictum to provide additional guidance, express their personal opinions, or discuss legal issues that are not directly relevant to the case at hand.
Since Gratis Dictum is not legally binding, it cannot be challenged or appealed. It does not have any direct impact on the outcome of a case.
Gratis Dictum can often be identified by phrases such as “it is worth noting,” “it is my opinion,” or “it is unnecessary to decide.” These statements indicate that the judge is providing additional commentary that is not essential to the decision.
Lawyers can refer to Gratis Dictum in their arguments to support their position or provide additional context. However, it does not carry the same weight as binding precedent.
In rare cases, if a higher court adopts the statements made in Gratis Dictum as part of its ratio decidendi, it can become binding precedent. However, this is an exceptional situation.
While judges have the discretion to include Gratis Dictum, they can be subject to criticism if it is seen as unnecessary or irrelevant to the case. However, this does not affect the legal validity of the judgment.
The holding of a case refers to the specific legal rule or decision that is necessary to resolve the dispute. In contrast, Gratis Dictum is an additional remark or opinion that is not essential to the decision.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/gratis-dictum/
- Modern Language Association (MLA):Gratis Dictum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/gratis-dictum/.
- Chicago Manual of Style (CMS):Gratis Dictum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/gratis-dictum/ (accessed: May 09 2024).
- American Psychological Association (APA):Gratis Dictum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/gratis-dictum/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts