Also known as:hold · holding · holds · ruling · court holding
Written by attorneys · grounded in primary & secondary sources — see below
A judicial determination by a court that resolves a legal issue or applies law to facts in a case.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Buyer Bears Risk After Fire
Holly Hayes signed a contract to buy a home from Horizon Realty. Before closing a fire destroyed the house. The court held that under the majority rule Holly bore the risk of loss from the moment of contract formation and remained obligated to pay the full price.
President Serves Four-Year Term
Heidi Henderson won the presidential election. The court held that she would hold office for a term of four years as provided by the constitutional text governing the executive branch.
Judge Must Resign Discriminatory Club
Judge Hunter Hughes belonged to a private club that excluded members based on race. The court held that the judge violated the conduct rule by retaining membership in an organization practicing invidious discrimination.
Attorney Hakeem Harris received settlement proceeds belonging to his client. The court held that the lawyer violated the professional conduct rule by failing to hold the funds in a separate account maintained in the state where his office was situated.
Public Invitees Enter Mall Freely
Helena Hoffman entered a shopping mall during regular business hours to browse stores. The court held that she qualified as a public invitee because the land was held open to the public for that purpose.
Spousal Communications Remain Privileged
Hannah Hughes made a confidential statement to her husband about a business matter. The court held that the statement was protected by the marital communications privilege and could not be compelled from either spouse.
Common questions
Frequently Asked
1
What does it mean when a court holds something in a judicial opinion?+
It means the court has made a formal determination or ruling on a legal issue after applying the law to the facts presented.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is irrevocable; the appointment is complete. A mandamus is…