Asked by Derikie Blaze-Logan on May 21, 2024
Verified
The holding is the
A) dissenting opinion.
B) concurring opinion.
C) law that is not necessary to the court's decision.
D) None of these choices is correct.
Holding
A court's determination of a matter of law pivotal to its decision, serving as an authoritative ruling.
Court's Decision
The formal judgment or ruling issued by a court following the conclusion of a legal case.
- Differentiate between elements that are legally enforceable and recommendations in legal advisories.
Verified Answer
KH
Kimmie HaleyMay 25, 2024
Final Answer :
D
Explanation :
The holding of a court case is the court's determination of a matter of law based on the facts of the case. It is the legal principle that comes out of the court's decision. This means that none of the provided options accurately describe what a holding is. Dissenting and concurring opinions are separate from the holding, and the law that is not necessary to the court's decision typically refers to obiter dicta, not the holding.
Learning Objectives
- Differentiate between elements that are legally enforceable and recommendations in legal advisories.