Obiter dictum: incidental judicial remarks are persuasive but not binding precedent, distinct from the court's holding. An obiter dictum is an incidental judicial remark or opinion not necessary to a court's decision and therefore not binding as precedent; it is persuasive ... Summary
Obiter dictum: incidental judicial remarks are persuasive but not binding precedent, distinct from the court's holding.
An obiter dictum is an incidental judicial remark or opinion not necessary to a court's decision and therefore not binding as precedent; it is persuasive only. Distinctions exist between mere obiter (passing observations) and judicial dicta (considered enunciations), with the latter carrying greater persuasive weight. Dicta do not form the law of the case or res judicata, and their precedential force is diminished where contrary authority exists, the court disclaims decision, the statement is recharacterised as dictum, or it conflicts with statute or equitable outcomes.
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