What is the test for establishing that a legal proposition that is stated in broader terms than called for by the facts to which it is applied?

California, United States of America


The following excerpt is from Marriage of Sullivan, In re, 127 Cal.App.3d 656, 184 Cal.Rptr. 796 (Cal. App. 1982):

6 It has been stated that a legal proposition that is stated in broader terms than is called for by the facts to which it is applied has little value as precedent when invoked in a different factual situation. In other words, a court's statements that go beyond the question before the court are dicta and are not binding as precedent. (See People v. Goree (1966) 240 Cal.App.2d 304, 310, 49 Cal.Rptr. 392; Windsor v. Windsor (1941) 42 Cal.App.2d 464, 466, 109 P.2d 363; 16 Cal.Jur.3d, Courts, 138-140, pp. 248-255.)

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