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:

Tendered Payment

The act of offering money or payment to fulfill a debt or obligation, especially within the context of fulfilling contractual agreements.

Liquidated Damages

Pre-determined damages agreed upon by the parties involved in a contract, to be paid if one party breaches the contract.

Breach of Warranty

The failure to fulfill the terms of a promise or claim made about the quality or condition of a product or service.

Damages

Financial compensation that is ordered to be paid as a remedy for loss or injury.