One of the mysteries of the English language finally explained.
adverb & adjective
(chiefly in legal contexts) made or said in passing.
- ‘Endowed as he was with superb powers of criticism, an impressively hard-headed acumen, he strewed his letters with witty, biting obiter scripts.’
- ‘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.’
- ‘However, this view is obiter and tentatively expressed.’
- ‘The less courageous would merely apply the standard the Court of Appeal said should be applied - obiter or not.’
- ‘The issue was the subject of obiter observations in two later cases.’
- short for obiter dictum
- ‘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.’
- ‘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.’
Latin, originally as the phrase ob itur ‘by the way’.
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