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obiter dictum
''Obiter dictum'' (more usually used in the plural, ''obiter dicta'') is Latin for a word said "by the way",〔Black's Law Dictionary, p. 967 (5th ed. 1979).〕 that is, a remark in a judgment that is "said in passing". It is a concept derived from English common law. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only.
==Significance of ''obiter dicta''==
A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are obiter dicta. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter dicta'' include, but are not limited to, words "introduced by way of illustration, or analogy or argument".〔Black's Law Dictionary p. 967 (5th ed. 1979).〕 Unlike ''ratio decidendi'', ''obiter dicta'' are not the subject of the judicial decision, even if they happen to be correct statements of law. The so-called Wambaugh's Inversion Test provides that to determine whether a judicial statement is ''ratio'' or ''obiter'', you should invert the argument, that is to say, ask whether the decision would have been different, had the statement been omitted. If so, the statement is crucial and is ''ratio''; whereas if it is not crucial, it is ''obiter''.
An example of an instance where a court opinion may include ''obiter dicta'' is where a court rules that it lacks jurisdiction to hear a case or dismisses the case on a technicality. If the court in such a case offers opinions on the merits of the case, such opinions may constitute ''obiter dicta''. Less clear-cut instances of ''obiter dicta'' occur where a judge makes a side comment in an opinion to provide context for other parts of the opinion, or makes a thorough exploration of a relevant area of law. Another example would be where the judge, in explaining his or her ruling, provides a hypothetical set of facts and explains how he or she believes the law would apply to those facts.
University of Florida scholars Teresa Reid-Rambo and Leanne Pflaum explain the process by which obiter dicta may become binding. They write that:〔 Reid-Rambo, Teresa, and Leanne J. Pflaum. "Chapter 5: Sources of Law; Reading and Interpreting Cases." Legal Writing by Design: A Guide to Great Briefs and Memos. Durham, NC: Carolina Academic, 2013. 85. Print. 〕
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