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Law vocabulary · Latin Legal Terms

Obiter dictum

Meaning in law, with examples

nounAdvanced term

In law, obiter dictum means: A comment or opinion in a judgment that is not necessary for the decision and is therefore not binding on later courts, although it may be persuasive.

In Turkish: karara esas olmayan görüş, obiter dictum

How it is used

Often shortened to 'obiter': 'the judge said, obiter, that…'. Lawyers argue about whether a statement is 'ratio or obiter'. Comments from a supreme court can carry great weight even when they are obiter.

Example sentences

  1. The judge's remarks about online contracts were obiter dictum, so they do not bind us.

  2. Even if it is only an obiter dictum, the comment shows how the court may decide in future.

Common collocations

  • said obiter
  • obiter remarks
  • ratio or obiter
  • persuasive obiter dicta
  • ratio decidendiThe legal reasoning that is necessary for a court's decision and that binds later courts; Latin for 'the reason for deciding'.
  • precedentAn earlier court decision that judges use as an example or a rule when they decide later cases with similar facts or legal questions.
  • stare decisisThe principle that courts should follow earlier decisions on the same legal question, so that the law stays consistent and predictable; Latin for 'to stand by things decided'.
  • judgmentThe final decision of a court in a case, together with the reasons the judge gives for it; also the written document that contains this decision.

More terms: Latin Legal Terms

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This page explains English vocabulary for learners. It is not legal advice.