Judicial Dictionary



Title Obiter dictum
Details

[Latin: a remark in passing]
Obiter dictum is an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding. In other words, obiter dictum connotes remark by a judge in a legal opinion that is irrelevant to the decision and does not establish precedent. It is an incidental remark, by which parties are not bound.
If a judge thinks it desirable to give his opinion on some point which is not necessary for the decision of the case that, of course, has not the binding weight of the decision of the case, and the reasons for the decision. ….. [Flower vs. Ebbw Vale Steel, Iron & Coal Co. Ltd. (1934) 2 KB 132]