Definition of obiter in English:

obiter

adjective & adverb

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

    • ‘However, this view is obiter and tentatively expressed.’
    • ‘Endowed as he was with superb powers of criticism, an impressively hard-headed acumen, he strewed his letters with witty, biting obiter scripts.’
    • ‘The issue was the subject of obiter observations in two later cases.’
    • ‘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 less courageous would merely apply the standard the Court of Appeal said should be applied - obiter or not.’
    • ‘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.’

noun

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

Origin

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

Pronunciation

obiter

/ˈɒbɪtə/