Author Question: What is a holding and what are dicta? Why is it important to distinguish between the ... (Read 29 times)

HudsonKB16 · **on:** Aug 3, 2018

What is a holding and what are dicta?

Why is it important to distinguish between the two?

Question 2

In analyzing a case, what are some guideposts a paralegal might look for and how should he make use of them?

Help with this question, thanks.

EAN94 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

When analyzing cases, one should determine which statements of the court are legally binding and which are not. Only the holding (the legal principle to be drawn from the court's decision) is binding. Other views expressed in the opinion are referred to as dicta and are not binding. Dicta is the plural of dictum. As used here, dictum is an abbreviated form of the Latin term obiter dictum, which means a remark by the way. Dicta are any statements made in a decision that go beyond the facts of the case or that do not directly relate to the facts or to the resolution of the issue being addressed. Dicta include comments used by the court to illustrate an example and statements concerning a rule of law not essential to the case. One can probably assume that statements are dicta if they begin with If the facts were different or If the plaintiff had . . . or some other if/then phrase.

Answer to Question 2

Often, the judge writing the opinion provides some guideposts, perhaps by indicating sections and subsections within the opinion by numbers, letters, or subtitles. Scanning through the opinion for these types of indicators can help orient the paralegal to the opinion's format. In cases that involve dissenting or concurring opinions, the paralegal should make sure to identify these opinions so that they are not mistaken for the majority opinion. Generally, the paralegal should scan through the case once or twice to identify its components and then read the case (or sections of the case) until he understands the facts and procedural history of the case, the issues involved, the applicable law, the legal reasoning of the court, and how the reasoning leads to the court's conclusion on the issues.