What is the literal translation of obiter dicta?
Asked by: Cristian Quitzon | Last update: May 28, 2026Score: 4.3/5 (16 votes)
The literal translation of the Latin phrase obiter dicta (plural of obiter dictum) is "things said by the way," "said in passing," or "spoken aside," referring to remarks or observations made by a judge in a legal opinion that aren't essential to the case's final decision and thus aren't binding precedent, but can still be persuasive in future cases.
What is the literal meaning of obiter dicta?
Obiter dicta is the plural form of obiter dictum, which is Latin for “something said in passing.” The term describes comments, suggestions, or observations made by a judge in an opinion that are not necessary to resolve the case, and as such, are not legally binding on other courts but may still be cited as persuasive ...
What does obiter mean in Latin?
adverb. Definitions: on the way, by the way, in passing.
What is the literal translation of ratio decidendi?
Ratio decidendi is Latin for "rationale for the decision." The term refers to a key factual point or chain of reasoning in a case that drives the final judgment.
What is the literal translation of res judicata?
Res judicata is a Latin phase that translates to “a matter judged.” It is the principle that a cause of action may not be relitigated once there has been a final judgment on the merits.
Ratio Decidendi and Obiter Dictum Video 1
What is the translation of the Corpus Juris Secundum?
Corpus Juris Secundum (CJS; Latin for 'Second Body of the Law') is an encyclopedia of United States law at the federal and state levels.
What does dicta mean in Latin?
Dicta is short for the Latin phrase obiter dictum, meaning "something said in passing."
What is the difference between ratio decidendi and obiter dicta?
The ratio decidendi has a binding effect meanwhile the obiter dictum is of persuasive effect. Ratio decidendi are the reasons behind the decision given by the court. But the obiter dictum is the normal statement that may help one in understanding the circumstances which led to the decision of the court.
What is the literal translation of stare decisis?
Stare decisis means “to stand by things decided” in Latin.
What is the 12th edition of Black's Law Dictionary?
The 12th edition of Black's Law Dictionary is the new standard — the most comprehensive English-language law dictionary ever compiled, with more than 70,000 entries containing precise definitions and more than 4,800 scholarly and judicial quotations on legal terminology. Every page has been supplemented and revised.
What is the opposite of obiter dicta?
Literally the "rationale for the decision". The essential elements of a judgment which create binding precedent, and must therefore be followed by inferior courts, unlike obiter dicta, which do not possess binding authority. Also known as ratio.
What does certiorari mean in Latin?
Certiorari is the present passive infinitive of the Latin verb certioro, certiorare ("to inform, apprise, show"). It is often abbreviated cert. in the United States, particularly in relation to applications to the Supreme Court of the United States for review of a lower court decision.
What does phasma mean in Latin?
Phasma comes from Latin (via Greek) meaning an apparition, phantom, ghost, specter, or monster, often used in scientific names for creatures that look like phantoms, such as stick insects (phasmids). The Latin word itself derives from the Greek phásma, meaning "apparition" or "phantom".
What is a synonym for obiter?
Synonyms. commentary criticism discussion judgment mention note observation opinion remark report review.
What is a dictum in 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).
Can obiter dicta become ratio decidendi?
However, this may not be an easy task. There were instances, although rarely, that a court misread an obiter dictum or even a minority view in a superior court's decision as a ratio decidendi and treated it as a binding precedent.
Can stare decisis be overturned?
(precedent can be overruled if changes in society or in the law dictate that the values served by stare decisis yield in favor of a greater objective).
What is the Black's law Dictionary definition of stare decisis?
Horizaontal stare decisis, Black's Law Dictionary (10th ed. 2014) (defining “horizontal stare decisis” as “the doctrine that a court . . . must adhere to its own prior decisions, unless it finds compelling reasons to overrule itself” ). SeeVertical stare decisis, Black's Law Dictionary (10th ed.
What is the translation of obiter dicta?
Latin for “things said by the way” – observations by a judge or court about a point of law which may be interesting but do not form part of the decision in the case. An obiter dictum does not have precedential value and is not binding on other courts.
What are some famous examples of obiter dicta?
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. The most notable instance of such an occurrence is the history of the famous Footnote 4 to United States v. Carolene Products Co.
Who decides what is obiter dictum?
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.
Is obiter dicta not binding?
These statements, although found in the judgment, do not form part of the legal reasoning necessary to resolve the dispute. Obiter dicta can be persuasive but are not binding on future courts. They may, however, influence future judicial thinking and legal development.
What does dictum factum mean?
“Dictum factum” is a Latin phrase that means “said and done” in English. This phrase is commonly used to express that something that was promised or stated has been completed or fulfilled. In other words, it indicates the satisfaction or accomplishment of a declaration or commitment.
What does juris mean in Latin?
The first name Juris originates from Latin, specifically derived from the term jus, which translates to law. This name embodies a profound connection to legal principles and justice, reflecting a heritage rooted in authority and governance.
What does "dolce" mean in Latin?
In Latin, dulce comes from the root word dulcis, meaning "sweet," "pleasant," "charming," or "dear," often used to describe something delightful or kind, and it appears in names like Dulce (Spanish/Portuguese) and Dolce (Italian). It signifies sweetness not just in taste but also in character or a favorable time in life, as in Spanish "un momento dulce" (a sweet moment).