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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.
Hanna v. Plumer, 380 U.S. 460 (1965), was a decision by the Supreme Court of the United States, in which the Court further refined the Erie doctrine regarding when and by what means federal courts are obliged to apply state law in cases brought under diversity jurisdiction.
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 ...
Arden LJ held that Foakes v Beer [1] applied, but referring to the ‘brilliant dictum’ of Denning J in High Trees, held that promissory estoppel could aid Mr Collier. Where he had been assured that he could repay only part of the debt, he had relied on the assurance by making his payments, Wright Ltd resiling from the promise ‘would of ...
This obiter dictum is generally considered to have led to the doctrine of strict scrutiny (and subsequently intermediate scrutiny) in racial-, religious-, and sexual-discrimination cases, first articulated in Korematsu v. United States (1944). The judgment of Korematsu v. United States was itself condemned by the same court in obiter dictum in ...
gratis dictum: an assertion that a person makes without being obligated to do so, or a court's discussion of a point or question not raised by the record, or its suggestion of a rule not applicable in the case at bar. judicial dictum: an opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed ...
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
The decisions are a natural result of the fusion of law and equity: for the cases of Hughes v. Metropolitan Ry. Co. (1877) 2 App. Cas. 439, 448, Birmingham and District Land Co. v. London & North Western Ry. Co. (1888) 40 Ch. D. 268, 286 and Salisbury (Marquess) v. Gilmore [1942] 2 K. B. 38, 51, afford a sufficient basis for saying that a party ...