What is an example of an obiter?
Asked by: Dr. Syble Frami Jr. | Last update: October 7, 2025Score: 4.5/5 (13 votes)
A
What is an example of an obiter dictum?
Box 4 Example of obiter dictum
The judge did not need to rule on that in the dog-and-the-car-window case, because the couple did not have a dog with a known excitable temperament. His observations were, therefore, made 'by the way' and thus can be referred to as an obiter dictum.
What is an obiter statement?
Obiter dictum statements are a remark or opinion, 'by the way', and not officially part of the ruling, nor precedential for other cases. Remarks or opinions of this nature are often made by way of illustration, argument, analogy or suggestion of an altered outcome if the fact of the case were different.
How to tell what is obiter?
Also known as obiter dictum. It refers to a judge's comments or observations, in passing, on a matter arising in a case before him which does not require a decision. Obiter remarks are not essential to a decision and do not create binding precedent.
What does it mean to be in obiter?
: in passing : incidentally.
What is an Easement? (Legal Definition + Examples)
What is a significant obiter?
obiter dictum, Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
What does mere obiter mean?
an observation by a judge on some point of law not directly in issue in the case before him or her and thus neither requiring a decision nor serving as a precedent, but nevertheless of persuasive authority. 2. any comment, remark, or observation made in passing. Word origin.
What is the opposite of obiter?
Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of stare decisis. Certain courts are able to overrule decisions of a court of coordinate jurisdiction.
How to see if a case has been overturned?
Looking at a case's citation history can help you discover if there are any cases that have reversed, overruled, criticized, or otherwise negatively treated the cases you are interested in and intend to use. It can also help you find additional cases on the topic(s) in which you are interested.
What does held obiter mean?
Obiter dicta (often simply dicta, or obiter) are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision.
What does it mean when a case is distinguished?
In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case that will not apply due to materially different facts between the two cases.
What is persuasive obiter?
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 use obiter dicta in a sentence?
I accept that those are the personal views of a judge, expressed obiter dicta in court. The remarks seem to have been made either during or after arguments between an applicant and objectors; they appear to be obiter dicta.
What does stare decisis mean in law?
Share: Stare Decisis—a Latin term that means “let the decision stand” or “to stand by things decided”—is a foundational concept in the American legal system. To put it simply, stare decisis holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases.
What is the meaning of decidendi?
'The reason for deciding' The ratio decidendi is the reason for a court's decision and is part of the judgement delivered at the end of a case.
What does pronounced on mean in law?
pronounce in Law topic
3 [intransitive, transitive] to give a judgment or opinion The scheme was pronounced a failure. pronounce on/upon He used to pronounce on matters he knew nothing about.
What does the Latin word obiter mean?
obiter Adverb = on the way, by the way, in passing.
What is the plural form of obiter?
Noun. obiter (plural obiters)
Can a lower court overrule a higher court?
Not overtly. But if nobody takes notice, a circuit court can undermine Supreme Court precedent, vacating lower court decisions that rely on the precedent and announcing in published opinions that a once robust doctrine has somehow suddenly become archaic, disfavored, and rarely applied.
What is the difference between a holding and a dicta?
Most lawyers know that a “holding” is a statement in an opinion that is necessary to the outcome of a case, whereas “dicta” is everything else – i.e., general observations that need not be followed.
What is an example of a precedent in law?
A precedent in law example is the case of Planned Parenthood of Southeastern Pennsylvania versus Casey. This case used the precedent set by Roe vs. Wade to make its determination.
What is the difference between obiter and dictum?
Judges sometimes like to offer comments about hypothetical and related circumstances that they do not have to decide. They do this to explain their thinking and check that the rules that they are applying make sense. This is also known by its Latin name of 'obiter dictum' meaning an incidental comment.
What is a synonym for obiter dictum?
Definitions of obiter dictum. noun. an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding. synonyms: dictum. judgement, judgment, legal opinion, opinion.
What is obiter dicta Black's law Dictionary?
“Obiter dictum” is Latin for “something said in passing.” Black's Law Dictionary 1177 (9th ed. 2009). It is defined as: “A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). Id.”