Obiter, derived from the Latin term meaning “by the way,” refers to a judge’s comment made during the delivery of a judicial opinion that is not essential to the case’s decision and therefore not legally binding. These comments, known as obiter dictum or dicta, do not hold the status of legal precedent but can still carry persuasive weight. Essentially, obiter can be likened to a nonessential side remark made by a judge in a case.
By the way, the judge mentioned in passing that a nominal sentence would be inappropriate. This comment is considered obiter, meaning it is not binding as precedent but may be considered persuasive. Another example is when the judge made a comment about the defendant’s character that was not necessary to the decision in the case, which is considered an obiter dictum.
Obiter dicta refers to the remarks made by a judge in a legal opinion that are not essential to the decision of the case. They are considered to be non-binding and are not considered as precedent.
No, obiter dicta are not considered as binding precedent and cannot be used as a basis for future legal decisions.
The ratio decidendi refers to the legal reasoning behind the decision of a case, which is binding and forms the precedent. Obiter dicta, on the other hand, are the non-binding remarks made by the judge.
While obiter dicta are not binding, they can still be cited in legal arguments to provide persuasive authority or to support a particular legal interpretation.
Appellate courts may consider obiter dicta in their decisions, but they are not binding and do not form the basis of the court’s ruling.
Obiter dicta are usually identified by the use of phrases such as “it is also worth noting” or “it is interesting to consider.”
While obiter dicta are not binding, they can still influence future legal developments by providing insight into the judge’s thinking and potential interpretations of the law.
Obiter dicta are relevant in civil law systems, but their weight and influence may vary depending on the specific legal jurisdiction.
Obiter dicta can be used in legal education to illustrate different judicial perspectives and to encourage critical thinking about legal reasoning.
Courts distinguish between obiter dicta and the ratio decidendi by focusing on the essential legal reasoning that forms the basis of the decision, as opposed to the non-binding remarks made by the judge.
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.
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