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LSDefine
Simple English definitions for legal terms
judicial dictum
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A quick definition of judicial dictum:
A judicial dictum is a statement made by a judge that is not necessary to the decision of a case. It is an opinion or belief that is considered authoritative because of the person making it, but it is not a binding rule. Sometimes, judges may discuss points or questions that are not directly related to the case at hand, and these statements are called obiter dicta. While dicta are not essential to the decision, they can still be useful to lawyers and the legal profession.
A more thorough explanation:
Definition: A statement made by a judge in a court case that is not necessary to the decision but is considered authoritative because of the judge's position.
For example, if a judge is deciding a case about a car accident, but also makes a statement about the importance of wearing seat belts, that statement would be a judicial dictum. It is not necessary to the decision about the car accident, but because it was said by a judge, it may be considered authoritative.
It is important to note that a judicial dictum is not the same as the decision in a court case. The decision is the ruling made by the judge that determines the outcome of the case. A judicial dictum is an additional statement made by the judge that is not necessary to the decision.
Lawyers may sometimes speak of a dictum in a negative way, but it is important to remember that dicta can still be correct and useful to the legal profession.