Module 3
Holding, reasoning and dicta: the rule, the holding and the ratio, what is only a remark, narrow and broad holdings and separate opinions
If a student were allowed to take one thing away from a case, it should be the holding. Teachers ask for it first; later courts rely on it; an exam answer that cites a case usually stands or falls on it. It is also the hardest part of reading. A judge writes many sentences, and only some of them are the rule that decided the case. Others are examples, warnings, thoughts on other cases and comments on how the law might develop. This module teaches how to tell the holding from the reasoning that supports it and from the remarks that do not bind, how wide or narrow to state it, and how separate opinions fit in.
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See what is included in All-Access →General education on reading and briefing court decisions, using invented people, cases, statutes and courts. It is not legal advice, it does not state the law of any country and it does not predict how any teacher or examiner will mark. Follow the instructions of your own school and teacher.
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