2 an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding [syn: obiter dictum] [also: dicta (pl)]
- An authoritative statement; a dogmatic saying; an apothegm.
- A judicial opinion expressed by judges on points that do not necessarily arise in the case, and are not involved in it.
- The report of a judgment made by one of the judges who has given it.
- An arbitrament or award.
In common law legal terminology a dictum (plural dicta) is any statement that forms a part of the judgment of a court, in particular a court whose decisions have value as precedent under the doctrine of stare decisis.
Conceptually, dicta are divided into two types. Ratio decidendi are those which form a part of the reason for the decision, and are binding as precedent. Obiter dicta are those which are not binding, but are merely editorializing, or explanatory. The word dicta standing alone is often used as a synonym for obiter dicta, although this usage is not technically correct.
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