What is obiter dictum in a judicial decision?
Correct answer: C. A statement not essential to deciding the case
- A. The binding legal rule necessary for the result
- B. A factual admission made by a litigant
- C. A statement not essential to deciding the case
- D. A statute cited but rejected by the court
Explanation
Obiter dictum is a judicial observation that is not necessary for the decision. It may be persuasive in later cases, but it does not carry the same binding force as the necessary legal reasoning of the decision.
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Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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