Obiter Dicta

About this book

Obiter dictum is a Latin phrase meaning "said in passing". In a legal system, the term may apply to any remark in a legal opinion that is "said in passing" by a judge or arbitrator. The concept as used in law derives from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.