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LEGAL WORD

Obiter dictum

Latin phrase · Jurisprudence

Obiter dictum

  • Type: Latin phrase
  • Area of law: Jurisprudence

1 What it means

A remark made by the judge in passing that was not necessary to decide the case. It can persuade but does not bind later courts.

2 Use it in a sentence

The observation on future cases was only obiter dictum, so the trial court was not bound by it.

3 Make it stick

Write your own sentence using Obiter dictum about a case or topic you are studying this week, then check it against the meaning above.

Learn more: Legal Research Guidebook

4 Related words

Binding precedentDistinguishingOverrulingPer incuriamPersuasive precedentProspective overrulingRatio decidendiStare decisis

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Educational content only — not legal advice.