dictum (n.)
"positive statement or assertion," often a mere saying but with implied authority, 1660s, from Latin dictum "thing said (a saying, bon-mot, prophecy, etc.), an order, a command," neuter of dictus, past participle of dicere "to say, speak" (from PIE root *deik- "to show," also "pronounce solemnly"). In legal use, a judge's expression of opinion without argument, which is not the formal resolution of a case or determination of the court.
Entries linking to dictum
also dict, "a saying, maxim, statement," late 14c., from Latin dictum "a thing said" (see dictum). A word long obsolete, but it figures in what is probably the first book printed in English, Caxton's issue of Anthony Woodville's "Dictes and Sayings of the Philosophers."
"statement in passing," a judge's expression of opinion not regarded as binding or decisive, Latin, literally "something said incidentally;" from obiter "by the way" + dictum in the legal sense "a judge's expression of opinion which is not the formal resolution of a case or determination of the court."
Obiter dicta, legal dicta ... uttered by the way ( obiter), not upon the point or question pending, as if turning aside for the time from the main topic of the case to collateral subjects. [Century Dictionary]
Latin obiter is from ob "in front of, toward" (see ob-) + iter "journey" (from PIE root *ei- "to go"). Klein's sources, however, say it is ob with the suffix -iter on analogy of circiter "about" from circa. Also see obituary.
Proto-Indo-European root meaning "to show," also "pronounce solemnly," "also in derivatives referring to the directing of words or objects" [Watkins].
It forms all or part of: abdicate; abdication; addict; adjudge; apodictic; avenge; benediction; betoken; condition; contradict; contradiction; dedicate; deictic; deixis; dictate; diction; dictionary; dictum; digit; disk; ditto; ditty; edict; Eurydice; index; indicate; indication; indict; indiction; indictive; indite; interdict; judge; judicial; juridical; jurisdiction; malediction; malison; paradigm; policy (n.2) "written insurance agreement;" preach; predicament; predicate; predict; prejudice; revenge; soi-disant; syndic; teach; tetchy; theodicy; toe; token; valediction; vendetta; verdict; veridical; vindicate; vindication; voir dire.
It is the hypothetical source of/evidence for its existence is provided by: Sanskrit dic- "point out, show;" Greek deiknynai "to show, to prove," dikē "custom, usage;" Latin dicere "speak, tell, say," digitus "finger," Old High German zeigon, German zeigen "to show," Old English teon "to accuse," tæcan "to teach."
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updated on August 15, 2018
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