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Legal Speak Made Easy – “Obiter dicta”

5 Legal Speak Made Easy

Our courts are bound by their previous decisions on matters of law when deciding other, similar cases. Similarly, lower courts are bound by the decisions of superior courts. But only those findings by a court that are “pivotal to the determination of the matter” are binding in this way. Other statements in a judgment made “in passing” are said to be “obiter dicta” (singular “obiter dictum”). Literally meaning “other things said”, they may be “of potent persuasive force”, but they aren’t actually binding. Another court could disagree. So next time you read a media report along the lines of “the court said…”, or “the judge ruled…”, don’t assume that it’s now final law and binding on other courts – it usually is, but not always!