Obiter dictum (plural obiter dicta) is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that does not form a necessary part of the court's decision, even though it is included in the court's opinion.
Obiter dictum is usually introduced by way of illustration, or analogy or argument. Under the doctrine of stare decisis, statements constituting obiter dicta are therefore not binding.
INSTANCES WHERE OBITER DICTA IS INCLUDED
Where:-
The arguments and reasoning of a dissenting opinion also constitute obiter dicta.
Obiter dicta can be influential. In other instances, obiter dicta can suggest an interpretation of law that has no bearing on the case at hand but might be useful in future cases.
INSTANCES WHERE OBITER DICTA IS INCLUDED
Where:-
- A court rules that it lacks jurisdiction to hear a case
- A court dismisses a case on a technicality
- A judge makes a side comment in an opinion
- A judge provides a hypothetical set of facts and explains how the law would apply to those facts
The arguments and reasoning of a dissenting opinion also constitute obiter dicta.
Obiter dicta can be influential. In other instances, obiter dicta can suggest an interpretation of law that has no bearing on the case at hand but might be useful in future cases.
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