What Is Obiter Dicta?
Obiter dicta are remarks made from the bench or in written form by a judge that may form part of an opinion or judgment but are not in and of themselves legally significant; that is, the judgment or opinion they’re included in would stand on its own without them. The term itself is Latin, the plural of obiter dictum, and is usually translated as “something said in passing.” Found in all but the briefest of judicial statements, these remarks are a routine part of jurisprudence worldwide. When a judge issues a judgment, opinion or other statement, it’s usually couched in prose, especially when it’s a judgment or sentence, and consists of far more than a sentence or two laying out the judgment or sentence. Most judicial statements include one or more explanations of the decision, the judge’s recitation of the facts of the case, interpretation of those facts, how courts in the past have dealt with those facts, and so on. They may also review and interpret the evidence presented, and explor
