Definition of obiter in English:

obiter

adverb & adjective

  • (chiefly in legal contexts) made or said in passing.

    • ‘However, this view is obiter and tentatively expressed.’
    • ‘The issue was the subject of obiter observations in two later cases.’
    • ‘The less courageous would merely apply the standard the Court of Appeal said should be applied - obiter or not.’
    • ‘These points are, of course, strictly obiter, since these conspiracies would in any case have been protected by State immunity, since they did not constitute international crimes against humanity.’
    • ‘The only other issue, my Lord, is that I appreciate that since this is obiter it is unlikely on its own to attract your Lordship to the question of assessment of damages.’
    • ‘Endowed as he was with superb powers of criticism, an impressively hard-headed acumen, he strewed his letters with witty, biting obiter scripts.’

noun

  • short for obiter dictum
    • ‘The ratio was correct and even the obiter, I would say, was absolutely correct.’
    • ‘In 50 years time barristers will be putting in submissions in this Court that refer to our decision as the S134 obiter.’
    • ‘In other words, the reasons relate to the reasons for its disposition, not to the obiter.’
    • ‘The best example really is the last of his obiter.’
    • ‘We cannot do anything else, except apply the obiter of the two places where anything is said about public works.’

Origin

Latin, originally as the phrase ob itur ‘by the way’.

Pronunciation

obiter

/ˈɒbɪtə/