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Obiter Dictum is a remark or observation made by a judge while issuing a ruling. Obiter dictum comments form part of the persuasive precedent for a case, but are not officially called precedent, and do not form part of the common law. This is the opposite of the ratio decedendi in a case, or the 'reason for deciding'. This forms part of the common law and is often quoted in future cases. Small icon for merging articles File links The following pages link to this file: Friction Jacobin Private branch exchange Pro-feminist Rotary piston engine Tagalog language Saint Veronica Spoiler effect Parser Password length equation Sudovian language Wikipedia:Why arent these pages copy-edited Static scoping Maximum power theorem General... In law, the term dicta is used to refer to a judges statement of legal opinion that is not directly relevant to the case being heard. ... A judge or justice is an appointed or elected official who presides over a court. ...
Another term relating to the setting of legal precedent which should be mentioned is that of stare decisis, which literally means, 'to stand by what has been decided.' This is important in common law because future cases 'stand by' the rulings of previous judges, through the use of ratio decedendi's, which are recorded as common law. Stare decisis is a Latin term (to stand by things decided) used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ...
Categories: Articles to be merged | Law stubs | Common law
An obiterdictum (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, while included in the body of the court's opinion, does not form a necessary part of the court's decision.
Unlike the rationes decidendi, obiter dicta are not the subject of the judicial decision.
An example of an instance where a court opinion may include obiter dicta is where a court rules that it lacks jurisdiction to hear a case or dismisses the case on a technicality.
In common law legal terminology a dictum (plural dicta) is any statement that forms a part of the judgment of a court, in particular a court whose decisions have value as precedent under the doctrine of stare decisis.
Conceptually, dicta are divided into those which form a part of the reason for the decision or ratio decidendi, which are binding as precedent, and those which do not, which are called obiter dicta.
The word dicta standing alone is often used as a synonym for obiter dicta, although this usage is not technically correct.
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