Dicta are defined as which of the following?

• A. Binding language that is essential to the holding.
• B. Language in an opinion that is not necessarily essential to the holding of the decision and is usually written in a dissenting opinion; not binding.
• C. A separate opinion that creates new law.
• D. An official record of procedural steps.

Answer: (B)

Dicta are statements in a court’s opinion that are not essential to the decision’s ruling and are not binding as precedent. They often appear as commentary in opinions, sometimes in dissent, discussing possibilities or broader implications, but they do not determine the outcome of the case. This is why the description that matches defines dicta as non-essential language that isn’t binding, even though it might be persuasive in future cases. By contrast, the holding is the actual ruling that binds the parties and later cases in the jurisdiction, and procedural steps are recorded separately in the case record.