Obiter dicta, Latin for “other things said,” refers to statements or opinions made by a judge in a legal decision that are not essential to the outcome of the case at hand. Unlike the ratio decidendi, which is the legal reasoning or principle upon which the decision is based and forms binding precedent for future cases, obiter dicta are incidental remarks or observations that are not binding on lower courts. While obiter dicta may provide insight into a judge’s reasoning or legal philosophy, they do not establish legal precedent and are not considered mandatory authority in subsequent cases. However, obiter dicta may still be cited or considered persuasive in future legal arguments or scholarly analysis. It is important for legal practitioners and scholars to distinguish between the ratio decidendi and obiter dicta when analysing judicial opinions to understand which portions of the decision carry precedential weight.
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This glossary post was last updated: 29th March 2024.
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