OBITER DICTA Meaning and
Definition
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Obiter dicta, derived from Latin, refers to statements or remarks made by a judge during a legal judgment that are not crucial to the decision or binding as a precedent. These remarks are considered as incidental or collateral observations by the judge and may serve to clarify or explain the ruling, but they do not form part of the legal reasoning or ratio decidendi upon which the decision is primarily based. Essentially, obiter dicta refers to any comments, opinions, or side-comments made by judges in a legal judgment that are not directly necessary for the resolution of the case.
Though not binding, obiter dicta may still have persuasive value and can be cited in subsequent cases by lawyers or judges to influence legal reasoning, especially if they contain sound legal arguments or reasoning. However, their status as non-binding statements means that they do not create a legally enforceable precedent.
The term "obiter dicta" is often contrasted with the concept of ratio decidendi, which refers to the legal principle or rule that forms the basis for a court's decision and becomes binding precedent for future cases. While ratio decidendi is essential to the court's judgment, obiter dicta are peripheral remarks that may contribute to the overall understanding of the case but do not carry the same binding nature.
Etymology of OBITER DICTA
The term "obiter dicta" is derived from Latin. "Obiter" means "incidentally" or "by the way", while "dicta" is the plural form of "dictum", meaning "a saying" or "statement". So, "obiter dicta" can be translated as "incidental statements" or "statements made in passing". This term is typically used in legal contexts to refer to non-binding remarks or opinions made by a judge in a court ruling.
