less than 1 minute read

Holding

A comprehensive term applied to the property, whether real, personal, or both, owned by an individual or a business. The legal principle derived from a judicial decision. That part of the written opinion of a court in which the law is specifically applied to the facts of the instant controversy. It is relied upon when courts use the case as an established precedent in a subsequent case.

A holding is distinguishable from dicta, which is language in the opinion relating some observation or example that may be illustrative, but which is not part of the court's judgment in the case.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Health and Safety Commission (HSC) to Hypothetical Question