The holding is a
court
A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
's determination of a matter of
law based on the issue presented in the particular
case
Case or CASE may refer to:
Containers
* Case (goods), a package of related merchandise
* Cartridge case or casing, a firearm cartridge component
* Bookcase, a piece of furniture used to store books
* Briefcase or attaché case, a narrow box to c ...
. 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. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court."
Appellate review
"The word 'holding' is indefinite and may refer to a trial
ruling of the court upon
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, eviden ...
or other questions presented during the trial. Of course, no oral statement made by the court at the close of a
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
, nor any written
memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."
[''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950)]
See also
*''
Ratio decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case ...
''
*''
Obiter dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or ar ...
'' (almost always shortened to ''dictum'' or, when plural, ''dicta'' in legal contexts; not to be confused with the broader meaning of ''dictum'' outside of a legal context - one of authority, as opposed to persuasiveness
t best
T, or t, is the twentieth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''tee'' (pronounced ), plural ''tees''. It is deri ...
without being binding)
Notes
Common law legal terminology
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