The holding is a
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
's determination of a matter of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
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, evidenc ...
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 Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
, nor any written
memorandum opinion
Under United States legal practice, a memorandum opinion is usually unpublished and cannot be cited as precedent. It is formally defined as: " unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly re ...
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 e ...
''
*''
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 arbi ...
'' (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 bestwithout being binding)
Notes
Common law legal terminology
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