Question #1922

Why not A?

Started by mayapierce · started 2019-10-01 12:19 · last activity 2020-12-22 22:18 · 2 replies

While I understand how E can be correct, why is A not correct as well? Specifically referencing lines 36-42 in reference to holding?

Replies

  1. Irina · 2019-10-01 16:34

    @mayapierce, The decision is comprised of holding and dicta. The lines that you reference tell us that judges are not "bound by the original perception of what is [holding]," meaning they can redefine the holding n subsequent cases to justify their decision using a different set of legal rules, but they cannot ignore the holding. In that sense, we cannot say that the holding is entirely nonbinding, but there is more flexibility as to how it can be interpreted.

  2. Andrew · 2020-12-22 22:18

    @irina, can you please explain why they cannot ignore the holding?

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