Is Dictum Secondary Authority?

dictum: a statement, analysis, or discussion in the court's opinion that is irrelevant or unnecessary for the outcome of the case. ... holding: that part of the written opinion that has precedential value and is considered primary authority because it is the ruling or decision of the court.

What is an example of secondary authority?

Some examples of primarily American secondary authority are: Law review articles, comments and notes (written by law professors, practicing lawyers, law students, etc.) Legal textbooks, such as legal treatises and hornbooks. Legal digests, such as the West American Digest System.

What is a dictum in law?

A remark, statement, or observation of a judge that is not a necessary part of the legal reasoning needed to reach the decision in a case. Although dictum may be cited in a legal argument, it is not binding as legal precedent, meaning that other courts are not required to accept it.