Obiter Dicta
Words of opinion or remarks expressed by the judge when making a decision in a case which are of a minor importance to the case and are not compulsory to be expressed but can be made as explanation,criticism or ideas.
obiter dicta
(oh-bitter dick-tah) n. remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Generally, obiter dicta is simply dicta.
Obiter dicta
Occasionally, in the context of deciding a case, a judge in a higher court will comment on the law and its interpretation although the decision in the case s/he is deciding does not depend on that aspect of the law being determined.
noun, plural obiter dicta
1. A passing comment.
2. An observation or opinion by a judge that is incidental to the case in question, and not binding as a precedent.
Etymology
From Latin, literally, saying by the way ...
Obiter dicta
A Latin phrase referring to the remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts
Opinion ...
Obiter dicta: (Latin: sayings by the way) Observations by a judge on law or facts not specifically before the court or not necessary to decide an issue. An opinion which does not form part of the judgment for the purposes of stare decisis.
Obiter dicta. Such opinions, uttered "by the way", not upon the point or question pending, but as if turning aside for the time from the main topic to a collateral subject. Rohrback v. Germania Fire Ins. Co., 62 N.Y. 58 (1875), Folger, J.
ob, by, and iter, road); specifically, in law, an opinion expressed by a judge incidentally in the course of a case, on a point of law not necessarily connected with the issue or not forming part of the grounds of the decision; such obiter dicta have ...
And I protest against any person considering such obiter dicta as my deliberate opinion.' And another said it is 'great misfortune that dicta are taken down from judges, perhaps incorrectly, and then cited as absolute propositions.' ...
 See also: Dicta, Judge, Case, Law, Decision
  
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