An obiter dictum (plural obiter dicta, often referred to simply as dicta), Latin for a statement said "by the way", is a remark or observation made by a judge that, while included in the body of the court's opinion, does not form a necessary part of the court's decision. Unlike the rationes decidendi, obiter dicta are not the subject of the judicial decision. Under the doctrine of stare decisis obiter dicta are therefore not binding although, in some jurisdictions (such as England and Wales), they can be strongly persuasive.

An example of an instance where a court opinion may include obiter dicta is where a court rules that it lacks jurisdiction to hear a case or dismisses the case on a technicality. If the court in such a case offers opinions on the merits of the case, such opinions may constitute obiter dicta. Less clear-cut instances of obiter dicta occur where a judge makes a side comment in an opinion to provide context for other parts of the opinion, or makes a thorough exploration of a relevant area of law.

The ratio of the dissenting judge also contributes towards the obiter dicta of the case. In India, the Supreme Court gives the binding force to many of its obiter dicta.

Case law | Common law | Latin legal phrases

Obiter Dictum | אוביטר | 傍論