part of a legal ruling that is not directly decided as the issue that was brought before a court
An obiter dictum (plural obiter dicta, often referred to simply as
dicta),
Latin for a statement "said by the way", is a remark or observation made by a
judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision. In a court opinion, obiter dicta include, but are not limited to, words "introduced by way of illustration, or analogy or argument." Unlike the
rationes decidendi, obiter dicta are not the subject of the judicial decision, even if they happen to be correct statements of law. Under the doctrine of
stare decisis, statements constituting obiter dicta are therefore not binding, although in some jurisdictions, such as
England and Wales, they can be strongly persuasive.
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obiter dictum, part of a legal ruling that is not directly decided as the issue that was brought before a court