DICTA

DIK-tuh
Dicta (plural: dicta) are statements made by a judge in a legal opinion that are not essential to the decision of the case. Dicta may be informative or persuasive, but they are not binding legal precedent.
The judge's dicta in the case suggested a new interpretation of the law, but it was not the holding of the court.
In Brown v. Jones (2010), the court's dicta discussed the potential application of a particular law to future cases, but the case itself was decided on a different legal principle.
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Frequently Asked Questions

What is the difference between dicta and holding?

The holding of a case is the court's decision on the specific legal issues raised in the case. Dicta are statements that are not part of the holding.

Is dicta ever important?

Dicta can be persuasive and may be cited by other courts in future cases.

Can dicta become binding precedent?

In some cases, dicta from a higher court may be persuasive enough to be followed by lower courts, but it is not binding precedent.

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