How Do You Spell OBITER?

Pronunciation: [ˈɒba͡ɪtə] (IPA)

The word "obiter" is spelled with four letters, "o-b-i-t-e-r". In IPA phonetic transcription, it is represented as /ˈɒbɪtə/. The first syllable "ob" is pronounced with the short "o" sound, followed by the "b" sound. The second syllable "i" is pronounced with the short "i" sound. The third syllable "ter" is pronounced with the "t" and "r" sounds, with the schwa sound in between. "Obiter" is a legal term that means "incidentally" or "in passing".

OBITER Meaning and Definition

1. Obiter, derived from the Latin phrase "obiter dictum" meaning "by the way," is a legal term widely used in the field of common law. It refers to a statement or remark made by a judge during a legal proceeding that is not directly relevant to the case at hand, but is instead expressed as an incidental observation or opinion. These extraneous comments, often formulated during the course of a judgment, are referred to as obiter dicta and hold no binding authority for future cases.

   The purpose of an obiter dictum is to provide additional insight, interpretation, or explanation on a legal point that is not essential to the final decision of the case. It allows judges to clarify their reasoning, offer hypothetical examples, or express their personal perspective on legal matters. However, it is important to note that obiter dicta are not considered binding precedents and do not have the same legal weight or authority as the ratio decidendi, which represents the key legal principle or reasoning that determines the outcome of the case.

   While obiter dicta may have persuasive value and can contribute to the development of legal principles, they are not obligatory for future cases. The distinction between obiter dicta and ratio decidendi is crucial in understanding how legal precedent is established and applied in common law jurisdictions.

Common Misspellings for OBITER

• comiter

Etymology of OBITER

The word "obiter" originates from Latin. It is derived from the Latin adverb "obiter" which means "by the way" or "incidentally". It comes from the combination of "ob" meaning "in the direction of" or "toward" and "iter" meaning "way" or "journey". In legal terms, "obiter" refers to statements or opinions made in a court's judgment that are not directly relevant to the case but are helpful or illustrative.

Plural form of OBITER is OBITERS