Does Obiter Dicta Form Binding Precedent? 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. Also referred to as dictum, dicta, and
How Do You Write Obiter Dicta? 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 How do you write a obiter dicta case? Identify the holding or ruling in the court opinion. In order to determine whether language
Can Obiter Dictum Be A Binding Precedent? Can obiter dictum be a binding precedent? 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