Abstract

http://ssrn.com/abstract=1926662
 


 



Teaching the Holding/Dictum Distinction


Judith M. Stinson


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

January 15, 2011

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

Number of Pages in PDF File: 7

Keywords: Legal Writing, Holding, Dicta

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Date posted: January 17, 2012 ; Last revised: October 19, 2012

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: http://ssrn.com/abstract=1926662

Contact Information

Judith M. Stinson (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
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