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Obiter dicta
Introduction
For a new law student or anyone else trying to understand legal matters, the Latin terminology that is often used in the legal profession can be a little confusing. "Obiter dicta" literally translates as "things said by the way." By understanding obiter dicta in reference to written court decisions or opinions, you will understand which portions of a decision are binding authority for lower courts and which are not.
Definition
A judge's expression of opinion uttered in court or in a written judgment, but not essential to the decision and therefore not legally binding as a precedent.
Meaning
Latin for "something said in passing. "A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.
How do you identify obiter dicta?
Obiter dicta by asking whether it supports or relates to the holding of the case. If it makes a point other than the rule of the case, then it's probably obiter dicta.
1. Understand the direct meaning of orbiter dicta
With respect to court opinions, orbiter dicta are thoughts or observations in a case that are not directly relevant to the outcome of the case. While these thoughts may not pertain to the case at hand, they do have the potential to inform or guide future court decisions.
Obiter dicta are also regularly referred to as simply "dicta."
2. Not the relevancy of obiter dicta in future court decisions.
Obiter dicta can guide, inform, or enlighten future case reasoning, but they are not binding. This means that a future court does not have to follow any rule or observation made as obiter dicta in a previous court case. Rather, a court only needs to follow the rule of the case. Given that obiter dicta do not form a part of the reasoning of the case, subsequent courts can dismiss obiter dicta outright.
Nevertheless, some obiter dicta have proven to be very influential in subsequent cases.
Another commonly used term for obiter dicta is persuasive authority. Obiter dicta are not binding or mandatory authority for a court facing a similar case in the future. However, they address.
Whether or not a court will rely on obiter dicta in reaching a future decision is unknown. While some judges may utilize it to support a point or ruling, other judges may disregard it altogether.
There is no requirement that judges use or even consider obiter dicta.
3. Realize that obiter dicta may take different forms.
Some of the more commonly used types of obiter dicta include "what if" scenarios, " we are leaving this issue open for the future" statements, analogies, illustrations, and hypotheticals. Courts may even use obiter dicta to make a very pedantic point, such as whether it is proper to use the term "attorney's fees" or "attorneys' fees."
Obiter dictum
The judgment in the case may be several pages long
Not all of this information relates to the material facts
This is known as " obiter dictum" or " a thing said by the way"
Obiter dicta statements are not binding on the later judge