A remark, statement or observation of a judge that is not a necessary part of the legal reasoning needed to reach the decision in a case. Although dictum may be cited in a legal argument, it is not binding as legal precedent, meaning that other courts are not required to accept it. For example, if a defendant ran a stop sign and caused a collision, the judge's comments about the mechanical reliability of the particular make of the defendant's car would not be necessary to reach a decision in the case, and would be considered dictum. In future cases, lower court judges are free to ignore the comments when reaching their decisions. Dictum is an abbreviation of the Latin phrase "obiter dictum," which means a remark by the way, or an aside.
See Topic:
Go to Court or Mediate
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