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Definition of Obiter
1. adv. In passing; incidentally; by the way.
Definition of Obiter
1. Adverb. Incidentally; in passing. ¹
2. Noun. (legal) An obiter dictum; a statement from the bench commenting on a point of law which is not necessary for the judgment at hand and therefore has no judicial weight, as opposed to ratio decidendi. ¹
¹ Source: wiktionary.com
Definition of Obiter
1. as a passing remark [adv]
Lexicographical Neighbors of Obiter
Literary usage of Obiter
Below you will find example usage of this term as found in modern and/or classical literature:
1. Judicial and Statutory Definitions of Words and Phrases by West Publishing Company (1914)
"obiter dicta are such opinions uttered by the waj', not upon the point or question
... "obiter dictum" is a mere observation by a judge on a legal question ..."
2. South Eastern Reporter by West Virginia Supreme Court of Appeals, West Publishing Company, South Carolina Supreme Court (1905)
"406, is obiter as to its recognition of right of rescission. ... Cain, allowing
rescission for excess, were obiter, it being a case of deficiency, ..."
3. The Treaty Making Power of the United States by Charles Henry Butler (1902)
"Both of above opinions obiter; no specific treaties involved.—No particular treaty
was under consideration in either of these cases; in both cases the ..."
4. The Nature and Sources of the Law by John Chipman Gray, Roland Gray (1921)
"Judicial Precedents stand not only the opinions of non- judicial persons, but
the obiter dicta of judges. I have spoken in an earlier place 1 of ..."
5. A History of Criticism and Literary Taste in Europe from the Earliest Texts by George Saintsbury (1902)
"We might almost quit him here with a somewhat similar leave-taking; but for his
great reputation some other places Some obiter shall be handled. At XIV. ..."
6. Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law by Chrisenberry Lee Bates (1908)
"Same—obiter dictum of Mr. Justice Bradley.—In a case calling for no expression
of opinion upon the subject, Mr. Justice Bradley, discussing the power of the ..."
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