Dicta are statements made by authority figures, such as judges, that carry weight but are not legally binding. They can be difficult to determine and come in different types. The term comes from the Latin obiter dictum, meaning “a statement made in passing.”
Dicta are statements made by people in a position of authority that are given weight because of the speaker’s authority. While a saying is not legally binding, it can sometimes be treated as such. In law, this term usually appears in reference to dicta made by judges in court, in legal opinions, and in other contexts. It can sometimes be difficult to determine the nature of a statement made by a judge to determine whether or not it is a saying.
The word comes from the Latin obiter dictum, “a statement made in passing”. When a judge makes a dictum, it is in a sense an editorial comment. It has no direct bearing on the case and may not be supported by legal precedent, it is merely a statement about some aspect of a case. Because the statement is not legally binding, people have the option to ignore it, although dicta have been used in courts and legal opinions on the grounds that because they were entered into the register they had relevance.
Judges are considered authority figures in and out of court due to their position. As a result, dicta are often taken seriously, and judges take care when making passing statements to ensure that these statements are clear in nature so that they are unlikely to be abused or misused. Other court officials may also pronounce dicta, such as when a lawyer makes an editorial comment on a case or matter raised in court.
People can refer to different types of dicta. A judicial saying is an opinion offered by a judge on a point discussed in court that does not necessarily relate to the final decision. When someone such as a judge offers a statement without being obligated to do so, this is considered a free saying. Another type of dictum is a dictum proprium, offered by a judge but not necessarily accepted by the entire court.
The Latin roots of this word can also be seen in words such as “dictate,” referring to spoken speech expected to be written by someone said to be “taking dictation.” For those interested in proper pluralization, a singular statement is a dictum, while multiple statements are dicta. The same pattern of pluralization can be seen in “datum” and “data”.
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