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The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
In legal writing, a dictum (Latin 'something that has been said'; plural dicta) is a statement made by a court. It may or may not be binding as a precedent.
Where a wide new class of distinguished cases is made, such as distinguishing all cases on privity of contract law in the establishment of the court-made tort of negligence or a case turns on too narrow a set of variations in facts ("turns on its own facts") compared to the routinely applicable precedent(s), such decisions are at high risk of being successfully overruled (by higher courts) on ...
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law , whereby a judgment comprises only two elements: ratio decidendi and obiter dicta .
Richardson stated in dictum that "the right to counsel is the right to effective counsel" confusion persisted in Circuit Courts about the standard for constitutionally "adequate legal assistance". [7] The Strickland standard is based on the Sixth Amendment's purpose to protect the right to a fair trial guaranteed by the Due Process Clause: [7] [9]
The FDIC inquired about BlackRock’s stake in 39 bank holding companies where it held a more than 10% position. ... Former LSU receivers score 8 times as the NFC tops the AFC in the Pro Bowl ...
There are a wide range of Dutch ovens out there today, and they vary in size, material, and price. To help you find the best option to add to your kitchen, we spent months testing a total of 10 ...
The Ravens rallied to make it a one-score game in the second half. But the Bills held on after a late drop by Ravens tight end Mark Andrews on a two-point conversion attempt that would have tied ...