Also known as: holding · assets · portfolio
Written by attorneys · grounded in primary & secondary sources — see below
The portion of a judicial opinion that resolves the legal issues presented by the facts of the case. A holding combines a principle of law with the material facts that produced the dispute. It states the court's answer to the question raised and supplies the rule that governs future cases presenting the same issue.
Hector Hernandez, a state election official, challenged a state statute attempting to shorten the presidential term. The court held that Article II vests executive power in a President elected for a four-year term by state-appointed electors. The holding established that states may direct the manner of appointment but cannot alter the constitutional term length.
Hakeem Harris granted his neighbor a right to cross his land for personal access only. After Hakeem died, his heirs sought to terminate the right. The court held that a personal servitude burden lasts no longer than the life of the person holding it. The holding meant the right ended with Hakeem's death and did not bind the heirs.
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Harper Hill was served with process while briefly visiting the forum state on unrelated business. She moved to dismiss for lack of personal jurisdiction. The court held that personal service on a defendant physically present in the state confers in personam jurisdiction even if the presence is transient and the claim is unrelated. The holding allowed the suit to proceed.
Harmony Retail granted a security interest in "all its assets" to secure a loan. When the debtor defaulted, the secured party claimed the entire inventory. The court held that a description of collateral as "all the debtor's assets" or "all the debtor's personal property" does not reasonably identify the collateral. The holding rendered the security interest unenforceable against the described property.
Harbor Shipping, a limited partnership, dissolved with unpaid supplier debts and partner loans. The general partner argued for pro rata distribution. The court held that in winding up, a limited partnership must apply its assets first to discharge obligations to creditors, including partners that are creditors. The holding required full payment to outside creditors before any partner claims.
Hassan Hakim used partnership funds to purchase equipment titled solely in his name. When the partnership dissolved, a creditor of Hakim claimed the equipment. The court held that property purchased with partnership assets is presumed to be partnership property even without an indication of partnership capacity on the title. The holding prevented the creditor from reaching the equipment as Hakim's separate property.
A holding resolves the legal issues presented by the facts of the case and supplies the rule that governs future cases. Dicta consists of statements not necessary to the decision and therefore lack precedential force. In a case brief, the holding is identified by combining the legal principle with the material facts that produced the dispute.
Supporting sources
An objective statement of the holding captures both the legal principle and the material facts, allowing the rule to be applied accurately in later cases. A bare yes-or-no answer loses the factual context that defines the scope of the ruling. Case-briefing guidance therefore recommends writing the holding as a full statement that mirrors the issue but supplies the court's resolution.
Supporting sources
Class discussion centers on identifying the legal issues, analyzing the rulings on those issues (the holdings), critiquing the supporting arguments, and testing the holdings against hypothetical facts. This process develops the rhetorical skills needed to apply precedent and to evaluate whether a new rule is appropriate. The holdings therefore form the core of the analytical work performed in class.
Supporting sources
…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…