-Caveat Lector-
"obiter dictum" - ("a saying by the way"), referring to a finding of law in
a decision where that finding was based on issues not properly before the
court. It is an opinion expressed by a court upon a question of law which is
not necessary to the decision of the case before it. The opposite of "obiter
dictum" is "ratio decidendi" (see infra).
from:
http://admiraltylaw.com/tetley/M-P.htm
from:
http://www.m-w.com/textonly/wftw/21397.htm
One Latinism common in legalese has moved off the bench and into the
mainstream. An incidental and collateral opinion that is uttered by a judge
but is not binding is known as an obiter dictum (literally, "something said
in passing" in Latin). Nowadays, any incidental remark or observation may be
judged obiter dictum.
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