What is a Holding? A Holding is the answer to the legal question presented before the court.
A Holding is the court's determination of
a matter of law based on the legal issue presented in a particular case.
A Holding is the legal principle to be
drawn from the opinion (decision) of the court. Issue 1. Is a contract for the sale and installation of carpeting and other materials a contract for service or a contract for goods?
Holding: The contract was a contract for
the sale of goods and not services. Identify the holding
A Holding can either be expressed or
implied. Express holdings are written and/or announced.
Implied holdings are taken from the
court’s actions. Express holding: We hold that driving a car at 80 miles per hour is prima facie (a fact presumed to be true unless it is disproved) reckless driving.
Implied holding: The trial court held that
the defendant was, in fact, operating his car in a reckless manner. Anyone who drives at 80 miles per hour is forced to dodge and weave through traffic at a high rate of speed. This conduct is inherently reckless and endangers the lives of others. Holding vs. Reason The holding is the actual decision.
The reason for the holding or policies
are the justifications given for the decision.
Each issue has one holding. The
holding may be supported by several reasons. Which is the best holding? The defendant, C, appeals his conviction for robbery. He was caught reaching into a house with a 10-foot long tree branch. He admitted to the police that he intended to steal the iWatch and Go Pro Hero 7 placed near the window.
The defendant assailed his conviction. He claimed that he
should have been convicted only of theft because he did not enter the house.
Crime has run rampant in recent years and this type of
activity must be discouraged. Robbery carries a greater penalty than theft and this penalty will more effectively deter such crimes. We, therefore, hold that the need to deter such activities render C’s actions robbery. Option A. C may properly be convicted of robbery when his conviction will deter similar actions, even if he was not physically present in the building.
Option B. For the purposes of robbery,
tree branches are the same as human arms.
Option C. The protrusion of the tree
branch held by C into a dwelling satisfies the penetration element of robbery even if the defendant’s body does not enter the dwelling. Which is the best holding? Option C is the best holding. It shows how the relevant legal rule was found applicable to the facts of the case. Option C did not justify the holding; it is simply a statement of what the court decided. This is the rule that subsequent cases and courts will apply or distinguish.