In legal context, it refers to a statement made by a judge in a legal opinion that is not essential to the decision in the case.
Key points about obiter dictum:
* Not binding: Unlike the "ratio decidendi" (the legal reasoning behind the judgment), an obiter dictum is not binding precedent.
* Can be influential: While not binding, an obiter dictum can still be influential in future cases and might be considered persuasive by judges.
* Can be used for clarification: Judges may use obiter dicta to clarify their reasoning or to express their views on broader legal issues.
* Distinguishing from ratio decidendi: It's crucial for lawyers and judges to be able to distinguish between the ratio decidendi and obiter dicta, as only the former sets binding precedent.
Example:
A judge decides a case based on a specific legal principle. However, in the same opinion, the judge might also make a comment about a related legal principle that is not essential to the decision. This comment would be considered obiter dictum.
In essence, an obiter dictum is a judge's off-hand remark, not central to the case's outcome, but potentially offering insights or opinions.