Glossary
Obiter dictum
said in passing
common-law
A judicial remark not necessary to the decision, which persuades but does not bind.
In more detail
Obiter from a senior court can be highly influential, particularly where it signals how a future case would be decided. Advocates cite it freely, and lower courts frequently follow it despite its formally non-binding status.
Related terms
- ratio-decidendi
- precedent
See how this applies to you
Definitions are general. How a term operates depends on the jurisdiction you are in.