Holding
Encyclopedia
The holding is a court
's determination of a matter of law
based on the issue presented in the particular case
. In other words: under this law, with these facts, this result.
upon evidence
or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial
, 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."
Court
A court is a form of tribunal, often a governmental 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 with the rule of law...
's determination of a matter of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
based on the issue presented in the particular case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
. In other words: under this law, with these facts, this result.
Appellate Review
"The word 'holding' is indefinite and may refer to a trial ruling of the courtCourt order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
upon evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
, nor any written memorandum opinion
Memorandum opinion
A memorandum opinion or memorandum decision is a judicial opinion that does not create precedent, persuasive or mandatory in some jurisdictions. A memorandum is often brief and written only to announce judgment in a particular case...
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."
See also
- Ratio DecidendiRatio decidendiRatio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
- Obiter DictumObiter dictumObiter dictum is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision...
(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 [at best] without being binding)