Court Reporter Practice Exam

What does the term "obiter dictum" refer to?

1. A formal legal ruling

2. A remark made by a judge in passing

3. A binding precedent

4. A sworn statement under oath

The correct answer is: A remark made by a judge in passing

The term "obiter dictum" refers specifically to remarks made by a judge that are not essential to the decision in a case. These comments are offered in passing and, while they can provide insight into the judge's thoughts or reasoning, they do not hold the force of law. Unlike formal legal rulings, which establish binding precedents, obiter dictum is not a decisive element of the judgment and thus does not set mandatory legal standards for future cases. It's important to understand that while these remarks can be influential or persuasive in later cases, they are not bound by the same authority as the actual ruling of the court. This distinguishes them from legally binding elements of a court's opinion, which must be considered when applying the law in future legal contexts.