'OBITER DICTUM' (plural: dicta) refers to:
ASTATEMENTS made by a judge that are 'said in passing' — NOT NECESSARY to the decision; they are PERSUASIVE but not binding under stare decisis
Bthe binding part of a precedent (cf. Obiter dictum doctrine) (cf. Obiter dictum doctrine) (cf. Obiter dictum doctrine)
Cthe operative part of a statute (cf. Obiter dictum doctrine) (cf. Obiter dictum doctrine) (cf. Obiter dictum doctrine)
Dthe citation (cf. Obiter dictum doctrine) (cf. Obiter dictum doctrine) (cf. Obiter dictum doctrine)
Answer & Solution
Correct answer: A. STATEMENTS made by a judge that are 'said in passing' — NOT NECESSARY to the decision; they are PERSUASIVE but not binding under stare decisis
1. OBITER DICTUM (Latin: 'said in passing'; plural: dicta) refers to statements made by a judge that are NOT NECESSARY to the decision.
2. Examples:
3. (i) Statements on hypothetical situations;
4. (ii) Comments on law not in issue;
5. (iii) Analogies or examples;
6. (iv) Judicial reflections.
7. Distinguished from RATIO DECIDENDI — the binding part of a precedent.
8. Status: PERSUASIVE only, not binding under stare decisis.
9. However, Supreme Court obiter is often treated as highly persuasive on lower courts.
10. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Obiter dictum doctrine_
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