Obiter dicta are observations made by the way, distinguished from judicial dicta which involve deliberate consideration of a question presented. Both are non-binding but judicial dicta carry more persuasive weight.
The distinction affects persuasive value.
Alternative Names:
Obiter|Said in Passing
Why it Matters?
The distinction between obiter and judicial dicta affects how much weight a lower court gives non-binding language, since a considered discussion of a question briefed and argued carries more persuasive force than an offhand observation. Framing favorable non-binding language as judicial dicta rather than obiter strengthens reliance on it, and the reverse framing weakens adverse language.
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Frequently asked questions
How does obiter differ from judicial dicta?
Why does the distinction matter?
