When a Court Discusses Issues Not Raised by the Facts

question 69

Multiple Choice

When a court discusses issues not raised by the facts, the comments

• A)are excluded from the formal court opinion.
• B)may be referenced by the parties in other cases having the same facts.
• C)are not dicta.
• D)will cause the court's decision to be declared invalid.

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Definitions:

Fraud In The Inducement

A false representation of fact by one party to another party, intended to deceive and induce the other party to enter into a contract.

Retrieve

The process of getting something back from a place where it was stored or from a condition of being inaccessible.

Point

A distinct detail, fact, or piece of information relevant to a discussion or analysis.

Material Misrepresentation

A false statement or omission of a fact that significantly impacts another party's decision-making in a contract or legal agreement.