Obiter Dictum

/ˈoʊbɪtər ˈdɪktəm/

Definitions

  1. (n.) A remark made by a judge in a legal opinion that is incidental and not essential to the decision, thus not legally binding as precedent.
    The judge's reasoning included an obiter dictum that was interesting but not authoritative.

Forms

  • obiter dicta

Commentary

Obiter dicta often provide persuasive guidance but are distinguished from the binding ratio decidendi of a case.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

Draft confidently with Amicus

Create, negotiate, and sign agreements in one secure workspace—invite collaborators, track revisions, and keep audit-ready records automatically.

Open the Amicus app
Amicus Docs | Obiter Dictum Definition