Practice free →
HomeLLMLawLegal Research Methodology › 'OBITER DICTUM' (plural: dicta) refers to:

'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_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions