DICTUM

dictum (dik-t<<schwa>>m), n.1. A statement of opinion or belief considered authoritative
because of the dignity of the person making it. 2. A familiar rule; a maxim. 3.OBITER DICTUM.
Pl. dicta.[Cases: Courts 92.C.J.S. Courts §§ 142–143.]

“As a dictum is by definition no part of the doctrine of the decision, and as the citing of it as apart of the doctrine is almost certain to bring upon a brief maker adverse comment, lawyers areaccustomed to speak of a dictum rather slightingly, and sometimes they go so far as to intimate abelief that the pronouncing of a dictum is the doing of a wrong. Yet it must not be forgotten that dicta are frequently, and indeed usually, correct, and that to give an occasional illustration, or to say that the doctrine of the case would not apply to some case of an hypothetical nature, or to tracethe history of a doctrine, even though it be conceded, as it must, that such passages are not essential to the deciding of the very case, is often extremely useful to the profession.” William M. Lile et al., Brief Making and the Use of Law Books 307 (3d ed. 1914).dictum proprium (dik-t<<schwa>>m proh-pree-<<schwa>>m). 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. — Also termed (loosely) dictum propria.
gratis dictum (gray-tis dik-t<<schwa>>m).1. A voluntary statement; an assertion that a
person makes without being obligated to do so. 2. A court’s stating of a legal principle more
broadly than is necessary to decide the case. 3. 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.
judicial dictum.An opinion by a court on a question that is directly involved, briefed, and
argued by counsel, and even passed on by the court, but that is not essential to the decision. Cf.
OBITER DICTUM.
obiter dictum.See OBITER DICTUM.
simplex dictum (sim-pleks dik-t<<schwa>>m). An unproved or dogmatic statement. See IPSE DIXIT.[Blacks Law 8th]