Session 7: Holding

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.