General Legal

Holding

Definition

A holding is the court's determination of the specific legal question presented by the facts of the case. It is the rule of law necessary to the decision and constitutes binding precedent under the doctrine of stare decisis. The holding is distinguished from dicta, which are statements not essential to the outcome. Identifying the precise holding of a case is a fundamental skill in legal analysis, as it determines what future courts are bound to follow.

Example

In Palsgraf v. Long Island Railroad, the holding was that a defendant owes a duty of care only to foreseeable plaintiffs. This is the binding rule from the case.

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