dictum

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(dĭk'təm) pronunciation
n., pl., -ta (-tə), or -tums.
  1. An authoritative, often formal pronouncement: "He cites Augustine's dictum that 'If you understand it, it is not God'" (Joseph Sobran).
  2. Law. See obiter dictum (sense 1).

[Latin, from neuter past participle of dīcere, to say.]


This entry contains information applicable to United States law only.

[Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, "a remark by the way," which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the outcome of the case, such as a legal principle that is introduced by way of illustration, argument, analogy, or suggestion.

Dictum has no binding authority and, therefore, cannot be cited as precedent in subsequent lawsuits. Dictum is the singular form of dicta.

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pronunciation

IN BRIEF: An authoritative statement.

pronunciation Relating to Descartes, author of "Cogito ergo sum" to demonstrate the reality of human existence; the dictum might be improved: "Cogito cogito ergo cogito sum" — "I think that I think, therefore I think that I am;" as close an approach. — Ambrose Bierce (1842-1914).

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In United States legal terminology, a dictum (plural dicta) is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it.[1]

There are multiple subtypes of dicta, although due to their overlapping nature, legal practitioners in the U.S. colloquially use dicta to refer to any statement by a court that extends beyond the issue before the court. Dicta in this sense are not binding under the principle of stare decisis, but tend to have a strong persuasive effect, either by being in an authoritative decision, stated by an authoritative judge, or both. These subtypes include:

  • dictum proprium: A personal or individual dictum that is given by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and is not essential to the disposition.
  • gratis dictum: an assertion that a person makes without being obligated to do so, or also a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar.
  • judicial dictum: an opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed on by the court, but that is not essential to the decision.
  • obiter dictum in Latin means "something said in passing" and is a comment made while delivering a judicial opinion, but it is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive).
  • simplex dictum: an unproved or dogmatic statement.

In English law, a dictum is any statement made as part of a judgment of a court. Thus the term includes dicta merely in passing (referred to as obiter dicta) that are not a necessary part of the reason for the court's decision (referred to as the ratio decidendi). English lawyers do not, as a rule, categorise dicta more finely than into those that are obiter and those that are not.

References

  1. ^ "dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143.

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Dansk (Danish)
n. - erklæring, proklamation, sentens

Nederlands (Dutch)
dictum (uitspraak), uitdrukking, terloopse opmerking

Français (French)
n. - dicton, maxime, proposition, affirmation, (Jur) remarque superfétatoire

Deutsch (German)
n. - autoritativer Entscheid, Spruch, (jur.) richterliche Meinung

Ελληνική (Greek)
n. - ρήση, απόφθεγμα

Italiano (Italian)
massima

Português (Portuguese)
n. - ditado (m), sentença (Jur.) (f)

Русский (Russian)
изречение

Español (Spanish)
n. - sentencia, aforismo, dictamen

Svenska (Swedish)
n. - uttalande, maxim

中文(简体)(Chinese (Simplified))
名言, 格言

中文(繁體)(Chinese (Traditional))
n. - 名言, 格言

한국어 (Korean)
n. - 격언, (전문가의) 견해

日本語 (Japanese)
n. - 言明, 格言

العربيه (Arabic)
‏(الاسم) قول مأثور, مثل‏

עברית (Hebrew)
n. - ‮חוות דעת, פתגם‬


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secundum quid (philosophy)