Also known as: holding · holdings · case holding · ratio decidendi · ruling · disposition
Written by attorneys · grounded in primary & secondary sources — see below
A judicial pronouncement that states the legal rule necessary to decide the case before the court. The holding supplies the precedent that binds later courts under stare decisis. It is narrowly confined to pronouncements of law required to resolve the factual issues presented.
Harriet Hamilton challenged whether a state could appoint electors other than in the manner directed by its legislature. The court ruled that each State shall appoint electors in such Manner as the Legislature thereof may direct. Later courts treated that ruling as the holding that controls similar appointment challenges.
Hammer Construction moved to dismiss a complaint and the court denied the motion. The holding established that the defendant must serve its answer within fourteen days after receiving notice of the denial. Subsequent cases applied that fourteen-day deadline as binding precedent on responsive pleading timing.
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Haven Medical proposed selling its primary clinic to a hospital chain. The court held that shareholder approval is required when the sale would leave the corporation without a significant continuing business activity. Later decisions cited that requirement as the controlling holding on asset dispositions.
Henry Hoffman granted a neighbor a personal right to cross his land for life. The court held that a servitude benefit that is personal lasts no longer than the life of the person holding the benefit. Subsequent cases treated that life-of-the-holder limit as the binding holding on personal servitudes.
Hassan Hakim was served with process while briefly visiting the forum state on business. The court held that personal service while physically present confers in personam jurisdiction even if the presence is short and the claim is unrelated. Later decisions applied that holding as controlling precedent on tag jurisdiction.
Holly Hayes and her spouse executed a marital property agreement addressing disposition of assets upon dissolution. The court held that such an agreement may validly cover disposition of property on dissolution or other events. Subsequent cases treated that scope as the binding holding on marital property agreements.
The holding consists only of the legal rules necessary to resolve the factual issues presented. Dicta are statements on the law that go beyond what is required to decide the case and do not bind later courts.
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Bar questions often test the precise rule that controls a dispute. Extracting the holding lets a student apply the narrow, binding precedent rather than broader discussion that may not govern the facts.
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No. The holding is confined to the pronouncements of law necessary to resolve the factual issues actually before the court. Broader statements are treated as dicta.
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…opinion, I would adhere to the due process test and reject the new requirements inaugurated by the Court. On this premise my disposition of each of these cases can be stated briefly. In two of the three cases coming from state courts, Miranda v. Arizona (No. 759) and Vignera v. New York (No. 760), the confessions were…