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A dictum is an opinion expressed by a judge that is not essential to the final decision of the case. It may or may not have authority according to the doctrine of precedent. The doctrine of stare decisive requires courts to follow previous judicial decisions. In the US, there are several recognized forms of dictum which may not be binding but may be persuasive. In the UK, a dictum is sometimes defined as any statement made that is considered part of the court’s ruling. Whether or not a statement is considered binding may depend on several factors.
A dictum is an opinion expressed by a judge that is not essential to the final decision of the case. Dicta, the plural form of dictum, can be done voluntarily in dissent or in support of the court’s conclusions. In many jurisdictions, a saying has no bearing on the decision, or decision, made by the court. It may be highly valued due to the position of the judge affirming the opinion, but may or may not have authority according to the doctrine of precedent, or staredecis. While sometimes cited in legal arguments, a saying may not be binding on other courts in deciding similar matters.
The doctrine of stare fecis, or “to uphold things decided,” generally requires courts to follow previous judicial decisions, or precedents, made under similar legal facts and points. When courts issue an official decision, they typically cite a precedent. The assertion of opinions unrelated to the matters of the case is not typically binding on other courts and is not usually considered part of the business.
In the United States there are several recognized forms of dictum which may not be binding, but may be persuasive. The dictum proprium is an opinion expressed by a judge that is not necessarily shared by the rest of the court and is not essential to the decision. Simplex dictum is an unproven statement of opinion, while obiter dictum can be something said in passing that is not essential to the sentence, but can be considered persuasive. The judicial saying may involve a commentary on a matter discussed by a lawyer, but not essential to the sentence. Gratis dictum includes discussions or rules that do not apply to the case being decided.
In the UK, a dictum is sometimes defined as any statement made that is considered part of the court’s ruling. These claims may have authority, even if they are merely persuasive. The United Kingdom may consider the ratio decidendi, or the statements constituting the reasons for the decision, as binding as the previous ones. The ratio decidendi takes into account the legal, moral, social and political principles that the court used to arrive at its estate.
Whether or not a statement is considered binding according to the ratio decidendi or simply persuasive may depend on several factors. These may include the rank and authority of the court considering the matter, the influence of the judge, and the number of judges who agreed and disagreed with the way the case was conducted. The basis of the ratio decidendi typically consists in an analysis of the essential legal points by which the parties to a dispute are bound. All other comments that are found to be non-essential to the court’s decision usually fall outside the doctrine of stare decisive and are typically not binding.
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