Question

In a court case, "dictum" or "dicta" is:

a. a statement or remark that is not necessary to support the court's decision.
b. the legal concept that bars relitigation on the same set of facts.
c. a judgment that reverses the determination of a jury.
d. none of the above.

Answer 1

In court terminology, 'dictum' or 'dicta' is a statement within a judicial opinion that does not contribute to the court's actual decision and therefore lacks binding precedent.

Step-by-step explanation:

In a court case, "dictum" or "dicta" refers to a statement or remark that is not necessary to support the court's decision. This is typically found within a judicial opinion and usually consists of commentary that is beyond the facts presented, theoretically having no binding authority on future cases.

It is distinct from the ratio decidendi, which is the legal rationale that constitutes the binding precedent. Conversely, the legal concept that bars relitigation on the same set of facts is known as res judicata, a judgment that reverses the determination of a jury is typically called a judicial reversal or an overturned verdict, and these are not what "dictum" refers to.