Information AboutObiter Dicta |
| CATEGORIES ABOUT OBITER DICTUM | |
| case law | |
| common law | |
| latin legal phrases | |
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An example of an instance where a court opinion may include ''obiter dicta'' is where a court rules that it lacks Jurisdiction to hear a case or dismisses the case on a technicality. If the court in such a case offers opinions on the merits of the case, such opinions may constitute ''obiter dicta''. Less clear-cut instances of ''obiter dicta'' occur where a judge makes a side comment in an opinion to provide context for other parts of the opinion, or makes a thorough exploration of a relevant area of law. Another example would be where the judge, in explaining his ruling, provides a hypothetical set of facts and explains how he or she believes the law would apply to those facts. In reaching decisions, courts sometimes quote passages of ''obiter dicta'' found in the texts of the opinions from prior cases, with or without acknowledging the quoted passage's status as ''obiter dicta''. A quoted passage of ''obiter dicta'' may become part of the holding or ruling in a subsequent case, depending on what the latter court actually decided and how that court treated the principle embodied in the quoted passage. The ratio of the dissenting judge also contributes towards the ''obiter dicta'' of the case. In India , the Supreme Court gives binding force to many of its ''obiter dicta''. NOTES |
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