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Dictum


In United States legal terminology, a dictum (plural dicta) is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it.

There are multiple subtypes of dicta, although due to their overlapping nature, legal practitioners in the U.S. colloquially use dictum to refer to any statement by a court the scope of which 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, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include:

In English law, a dictum is any statement made as part of a judgment of a court. Thus the term includes dicta stated incidentally, in passing (obiter dicta), that are not a necessary part of the rationale 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.

In general usage, a dictum is any authoritative or dogmatic statement.



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