When in a court setting what is the courts 'holding'?
My daughter is doing some college homework and we need to know what it means when the court has Holdings. Is that the same thing as its rullings, or findings?
Answers:
Usually it is the ruling, but it can have more specific meanings. A ruling/judgment/order can have findings of fact, conclusions of law, and dicta.
The findings of fact are just that; they are the important facts a judge considers in the ruling. Findings of facts are holdings.
The conclusions of law are the legal principles the court uses to determine who wins or loses and why. Conclusions of law are holdings.
Dicta is a side comment made by the court in the ruling. Dicta is not a holding. An example of dicta is when a court says "had 'X' occurred and not 'Y,' then this court may have been inclined to rule differently."
A "holding" is the Court's finding or opinion based upon the facts presented in the case. If she has access to a Legal Dictionary, "holding" will be defined in strict legal terms.
holding would just be another legalese version of: finding, ruling, etc.
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