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LSDefine
Simple English definitions for legal terms
obiter
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A quick definition of obiter:
Term: OBITER
Definition: Obiter means "by the way" in Latin. It is used to describe a comment made by a judge while delivering a judicial opinion that is not necessary to the decision in the case and therefore not binding. These comments are called obiter dictum or dicta and are not considered as legal precedent, but they may be persuasive. In simpler terms, obiter is like a side comment made by a judge that is not really important to the case.
A more thorough explanation:
Definition: Incidentally; in passing.
Example: The judge said, obiter, that a nominal sentence would be inappropriate.
Explanation: In this example, the judge made a passing comment about a nominal sentence, but it was not necessary to the decision in the case. This comment is considered obiter, meaning it is not binding as precedent but may be considered persuasive.
Definition: A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive).
Example: The judge's comment about the defendant's character was an obiter dictum.
Explanation: In this example, the judge made a comment about the defendant's character that was not necessary to the decision in the case. This comment is considered an obiter dictum, meaning it is not binding as precedent but may be considered persuasive.