DICTUM (Lat., a saying. utterance. response of an oracle), sometimes called obiter dictum, i.e. an opinion pronounced 'by the way.' In legal parlance. an unauthoritative expression of opin ion on a point of law uttered by a judge in a judicial proceeding. In a legal system based. as is that of England and America, largely upon precedent. only so much of a judicial opinion as is direetly conceined with the dceision of the ease in hand has eon/I/landing authority. This, is due to the fact that the courts have no power to decide cases not before them for adjudication. The principle of stare dc•isis, that is, of abiding by a rule once settled by a formal decision. in vests such a decision with the force of law. and makes it a binding, authority upon the courts in similar eases. But a decision upon a collateral point, or upon a state of facts not before the court for its determination, has no such binding force. It is a mere pronouncement, or expression of opinion. which derives its authority solely from the learning and personal weight of the declaring it. It is usual, therefore, to distinguish between the 'law of a ease' and the dicta, or judicial expressed in it, Wil however important and influential they may be. have not the force of law. This process of
`sifting' the la NV from the dicta of a judicial opinion is one of the chief. as it is one of the most difficult, functions of the lawyer and the judge.
It is not to be inferred, however, that judicial dicta are entirely without legal authority. 'Ilse opinions of eminent and learned judges have the same weight with the courts as that which at taches to the disinterested opinions of great la NV yers and legal writers, and are classified as hay ing 'persuasive' as distinguished from 'impera tive' authority. It is often desirable and some times to resort to such opinions as an aid to the for/nation of a sound though inde p-ndent judgment nnon a question of law, and many cases have been decided and many impar tint legal do•trires established in deferenee to such authority. In view of the matter, judicial theta constitute a long 3111t1 Valli:11)1e of couunentarics 1111 the la NV of the laud, scattered through the law reports, to which resort may Ite had as Its 111t. 11101V le writing: of and judges. as those of oke. Blackstone. Tent, and Story. (See ,It r ; miNION. I \ Valllbaugh, Ntudy of cam 2(1 e l.. I S94 ) .