Dictum
In United States legal terminology, a
dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it. 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.