Here's a breakdown:
* Not essential to the decision: Obiter dictum statements are not part of the court's holding, the legal principle that actually forms the basis of the judgment.
* Made in passing: They are often observations or opinions expressed by the judge that are not directly related to the specific legal issues before the court.
* Not binding precedent: While obiter dictum can be persuasive, they do not have the same legal force as the holding of a case. They are not binding on future courts.
Here's an example:
A judge rules in favor of a plaintiff in a contract dispute. In their opinion, the judge might mention that they believe the defendant's actions were unethical, even though this statement isn't directly relevant to the legal question of whether the contract was breached. This statement about the defendant's ethics would be considered obiter dictum.
Why is obiter dictum important?
* Provides insight: It can offer valuable insights into the judge's thinking and their broader interpretation of the law.
* Can influence future decisions: While not binding, obiter dictum can be persuasive and may influence future courts in similar cases.
* Can be used for legal analysis: Lawyers and legal scholars often use obiter dictum to understand the judge's reasoning and to anticipate how future courts might rule.
In essence, obiter dictum is like a bonus thought or comment from a judge that may be interesting but doesn't have the same legal weight as the actual decision in the case.