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
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
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