dicta

Plural of dictum. Often referred to as obiter dicta or obiter, being expressions in an opinion of the court which are not necessary to support the decision. Lawson v United States, 85 App DC 167, 176 F2d 49, cert den 339 US 934, 94 L Ed 1352, 70 S Ct 663, reh den 339 US 972, 94 L Ed 1379, 70 S Ct 994. Language unnecessary to a decision; ruling on an issue not raised, or the opinion of a judge which does not embody the resolution or determination of the court, and made without argument or full consideration of the point. Lawson v United States, 85 App DC 167, 176 F2d 49; 20 Am J2d Cts § 74. Stare decisis does not attach to such parts of the opinion of a court as are mere dicta. Of course, if nothing can be found in point except dicta, counsel does not hesitate to cite the case which contains it. There is, moreover, a distinction between mere obiter and judicial dicta. The latter term applies to expressions of opinion on a point deliberately passed upon by the court. 20 Am J2d Cts § 74. Judicial dicta, as such, is sometimes given effect as holdings. 20 Am J2d Cts § 190. While mere obiter is not law of the case, judicial dicta are not excluding from the applicability of the doctrine of the law of the case. 5 Am J2d A & E § 753.