Dictum is the language in the decision that is not essential to the decision of the court. True or False?

• A. Sometimes true
• B. False
• C. Cannot be determined
• D. True

Answer: (D)

In a court opinion, the essential part is the holding—the decision that resolves the legal issue before the court. Dictum is the language that goes beyond what is necessary to reach that decision, such as commentary on related issues, policy considerations, or hypothetical scenarios. Because it isn’t needed to decide the case, dictum isn’t binding precedent in most jurisdictions, though it can be persuasive.

So the statement is true: dictum is the language in the decision not essential to the court’s ruling. For example, if the court decides the outcome based on a specific clause interpretation, any remarks about how the result might differ with other clauses would be dicta.