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Simple English definitions for legal terms
gratis dictum
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A quick definition of gratis dictum:
Gratis dictum: A statement made by a court that is not necessary to decide the case at hand. It can be a personal opinion of the judge or a discussion of points not raised by the record. It is not considered authoritative and is often viewed as less important than the actual decision made by the court.
A more thorough explanation:
Definition: A statement made by a court that is not necessary to decide the case at hand.
For example, if a court is deciding a case about a car accident, but also makes a statement about a completely unrelated legal issue, that statement would be considered a gratis dictum. It is not essential to the decision of the case, but is simply an additional statement made by the court.
Gratis dictums are often criticized by lawyers because they can be confusing and misleading. However, they can also be useful in providing guidance for future cases.