obiter dictum

USAGE SUMMARY

"obiter dictum" is correct and usable in written English. You can use it when referring to a remark or observation made by a judge that is not essential to the decision in a case. An example: The judge's comments on the potential implications of the law were merely obiter dictum. Alternative expressions include "incidental remark" and "passing comment."

✓ Grammatically correct

News & Media

Wiki

Human-verified examples from authoritative sources

Exact Expressions

10 human-written examples

It was then that Ms Atkins offered her obiter dictum.

The Guardian

(Florida's best-known obiter dictum is that the more gay-friendly a city is the better it will do economically).

The New Yorker

"Who is this enlightened public?" the now-retired deputy chief justice, Menachem Elon, an Orthodox professor of Talmud, asked sourly in an obiter dictum.

The Economist

('I'm sorry I'm going to be a bit technical - the ruling was obiter dictum rather than the ratio meaning that it was a passing remark...'...

The Guardian - Money

It could be, I suspect, that the Official Reporters - themselves fine and noble - regarded the former FM's comment at the time as an obiter dictum, heard in court but not legally binding nor setting a precedent.

BBC

In any event, in regards transgender individuals, we have agreed that one's actual physiology is an obiter dictum, a nonissue.

Huffington Post

Human-verified similar examples from authoritative sources

Similar Expressions

50 human-written examples

Obiter dicta like Saunders's pronouncement above highlight her irreducible problem.

The New York Times - Books

Hobsbawm's gift for provocative obiter dicta never left him.

The Guardian - Books

Eventually, Lorelei's most memorable obiter dicta found their way into the Oxford Dictionary of Quotations.

The Guardian - Books

Virtually all of the incidents and obiter dicta narrated in this vignette have figured in previous biographies and memoirs.

The Guardian - Books

These take the form of obiter dicta; no attempt is made to argue a case for any of them.

The Guardian - Books

Expert writing Tips

Best practice

Use "obiter dictum" to precisely describe a judge's remark that is not essential to the court's ruling. This distinguishes it from the binding part of the judgment.

Common error

Don't treat an "obiter dictum" as binding precedent. It's merely a persuasive, non-binding comment, unlike the ratio decidendi.

Linguistic Context

The phrase "obiter dictum" functions as a noun phrase, typically used as a subject or object in a sentence. It denotes a statement made by a judge that is not essential to the decision of the case. As Ludwig AI identifies, it is indeed correct and usable in written English.

Expression frequency: Uncommon

Frequent in

News & Media

40%

Wiki

30%

Encyclopedias

10%

Less common in

Science

7%

Formal & Business

7%

Reference

6%

Ludwig's WRAP-UP

In summary, "obiter dictum" is a noun phrase used in legal contexts to describe a judge's remark that is not essential to the court's ruling. Ludwig AI confirms its correctness and usability in formal settings. It's crucial to remember that while offering valuable insights, an "obiter dictum" doesn't carry the weight of a binding precedent. As seen from the examples, it frequently appears in News & Media and Wiki sources, indicating its role in legal discussions and explanations. Understanding the nuances of "obiter dictum" is vital for anyone involved in legal analysis and reporting.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

passing remark

Focuses on the casual nature of the comment, often implying it's less significant.

incidental comment

Highlights that the remark is not central to the main issue.

judicial observation

Emphasizes that the comment comes from a judge, but lacks legal force.

gratuitous remark

Suggests the comment was unnecessary and possibly unwelcome.

non-binding statement

Clearly indicates the lack of legal obligation associated with the comment.

dictum by the way

A more conversational way to describe an incidental statement.

tangential observation

Indicates that the remark is related to, but not directly part of, the main subject.

side comment

A simpler term for a remark made aside from the main point.

ancillary remark

Stresses the supporting, less critical nature of the comment.

superfluous statement

Implies the comment is redundant and not essential.

FAQs

How do you use "obiter dictum" in a sentence?

You can use "obiter dictum" to describe a judge's remark that isn't essential to the final ruling. For example, "The judge's comments about potential future applications of the law were considered "obiter dictum" and not binding precedent."

What is the difference between "obiter dictum" and ratio decidendi?

"Obiter dictum" refers to remarks made by a judge that are not essential to the decision and therefore not binding. Ratio decidendi, on the other hand, is the binding legal principle upon which the decision is based.

What can I say instead of "obiter dictum"?

Alternatives include "passing remark", "incidental comment", or "judicial observation", depending on the context and the degree of formality required.

Is "obiter dictum" legally binding?

No, "obiter dictum" is not legally binding. It is considered persuasive authority but does not set a precedent that other courts must follow.