WordGarden.ioobiter
C2Pronunciation
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Meanings
Adjective
said in passing and not essential to a judicial decision
Adverb
in passing; incidentally rather than as the main point
Beyond the definition
Imagine a judge delivering a verdict in court. The core of the decision—the ratio decidendi—is the part that can guide and bind later courts. But sometimes judges add extra thoughts, opinions, or examples that are not crucial to the case itself. These "side remarks" are called obiter dicta (often shortened to just obiter). Think of it as a little aside, a "by the way" comment. It may be interesting and even persuasive, but it is not legally binding.
The word comes from the Latin ob iter, meaning "by the way" or "along the way." You won't typically use obiter in everyday casual conversation, but you will encounter it frequently in legal contexts—discussions of case law, legal scholarship, or courtroom analysis. A lawyer might say, "That point was made obiter by the judge," meaning it was a passing remark and not central to the ruling.
The word obiter (pronounced OH-bih-ter) refers to statements made by a judge in a court case that are not essential to the final decision; they are incidental remarks or observations. It is a shortening of the Latin phrase obiter dictum, meaning "a thing said by the way."
To fully understand it, you need to know about ratio decidendi—the legal principle or "reason for the decision" on which a court's ruling is based. While the ratio may bind future courts dealing with similar cases, obiter dicta (the plural form) do not. These remarks might include hypothetical scenarios, historical context, or the judge's personal thoughts on related social issues. While they can be persuasive and potentially influential in future arguments, they do not create binding precedent.
You will almost exclusively encounter obiter in legal writing and academic discussion. A law student analyzing a case might note, "The court's comments on environmental regulations were purely obiter." Or a lawyer arguing a point could say, "We are not bound by the judge's obiter remarks in that previous case."
Think of it like this: if you ask someone for directions to the post office and they also tell you about a great bakery they noticed along the way, that bakery information is obiter. It is related to your journey and provides helpful context, but it isn't essential to the core instruction of how to reach your destination. While a good tip, it isn't the "rule" of the route.
So, when you hear "obiter," remember it signifies something said in passing—an incidental comment that adds context or insight, but doesn't carry the formal weight of authority.
Examples
- 1
Legal term
In an obiter dictum, the judge questioned whether the old rule still made sense.
- Domainobiter dictum
a judge's side comment, not the main reason for the decision
- 2
Court comment
The court said obiter that a different result might follow if the contract were unsigned.
- 3
Case discussion
The lawyers discussed the obiter remarks, but the case was decided on narrower grounds.
See also
Similar
- incidental
- passing
- parenthetical
Shades of meaning
- nonbinding
- collateral
Contrast
- essential
- ratio decidendi
Used with (collocations)
- obiter dictum
- obiter dicta
- obiter remarks
Explore
Forms and spellings
1 form open this card.
Main spelling
- obiter