Holding

Author:Dennis J. Mahoney
Pages:1294
 
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Page 1294

The holding of a court is the ratio decidendi or the ground(s) upon which it bases its DECISION of a case. The holding, includes all the court's declarations of law necessary to the decision of the case; other pronouncements are OBITER DICTA. The holding in a case establishes a precedent and may be generalized into a DOCTRINE. The term may also be used more narrowly to signify the court's resolution of any particular legal issue or question of constitutional interpretation presented in a case.

DENNIS J. MAHONEY

(1986)

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