Teaching the Holding/Dictum Distinction

Perspectives: Teaching Legal Research and Writing, Vol. 19, p. 192, 2011

7 Pages Posted: 17 Jan 2012 Last revised: 19 Oct 2012

See all articles by Judith M. Stinson

Judith M. Stinson

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: January 15, 2011

Abstract

Lawyers and judges often have difficulty distinguishing between dictum and holding. Those of us who teach legal writing are in a prime position to rectify this problem. This is true because 1) we have more control over our materials and assignments; and 2) in our courses, we force students to do more than just think about legal analysis – we teach them to communicate that analysis in writing. That process provides a unique opportunity to teach the holding/dictum distinction. This short article discusses six concrete steps to help teach the distinction.

Keywords: Legal Writing, Holding, Dicta

Suggested Citation

Stinson, Judith M., Teaching the Holding/Dictum Distinction (January 15, 2011). Perspectives: Teaching Legal Research and Writing, Vol. 19, p. 192, 2011, Available at SSRN: https://ssrn.com/abstract=1926662

Judith M. Stinson (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

111 E. Taylor St.
Phoenix, AZ 85004-4467
United States

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