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holding is the rule of law or legal principle that comes from the decision or the judgment plus the material facts of the case

dicta means other statements in the decision that do not form part of the holding

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13y ago

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What is obetor dicta in law?

Obiter dicta is a remark made by a judge which forms no part of the reasoning that is directly responsible for the verdict (called the 'rationes decidendi" also called simply "the ratio"). When reading a judgment if a statement is essential to the reasoning of the decision it is part of the rationes decidendi. If it is a side comment, superfluous or not connected to the main body of reasoning its called obiter dicta or simply dicta.


Can obiter dicta be rescinded by the same judge who made it?

I think you may be confusing the meaning of the term. The word obiter dicta is a Latin word which means "things said by the way." Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting 'obiter dicta' are not binding. [For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on the merits of a case, then these opinions constitute 'obiter dicta.'] Obiter dictum (plural of obiter dicta) is an opinion or a remark made by a judge which does not form a part of the court's decision. Therefore, obiter dictum are not legally binding and can ONLY be rescinded, or withdrawn, by the judge who made them.


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