Asked by Cheyann Mcbroom on Jun 02, 2024
Verified
Which of the following is legally binding?
A) The dictum
B) The U.S. Constitution
C) The holding of a court opinion
D) The U.S. Constitution and the holding of a court opinion
U.S. Constitution
The supreme law of the United States, establishing the framework of the national government and fundamental protections of civil liberties.
Legally Binding
Describes an agreement or contract that is enforceable by law, where all parties are obligated to fulfill their commitments.
- Recognize the hierarchical structure of legal authority, including the binding nature of the Constitution and court opinions.
Verified Answer
SD
Sophia DeMauroJun 03, 2024
Final Answer :
D
Explanation :
The U.S. Constitution is the supreme law of the United States, making it legally binding. Similarly, the holding of a court opinion (the court's decision on the issue presented) is legally binding on the parties involved and can set legal precedents. The dictum, however, refers to statements made by a judge in a court opinion that are not essential to the decision and are not legally binding.
Learning Objectives
- Recognize the hierarchical structure of legal authority, including the binding nature of the Constitution and court opinions.