00. Sample Holdings #2

00. Sample Holdings #2 - Litigation Basics SOME SAMPLE...

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Litigation Basics S OME S AMPLE H OLDING S TATEMENTS Below are some examples of holding statements for the cases we have discussed. Certainly these are not the only ways to articulate these holdings; indeed I have written them in somewhat different styles to suggest that. As I have said, in my view a good holding statement should include some reference to the particular, pertinent point (part) of the law and the material facts stated as precisely (or as generally, or both) as you think appropriate. With respect to cases applying statutes, the holding statement should quote the pertinent words of the statute. Remember, the holding is a statement of the “rule” you think or predict the case stands for. I think it is easier to generalize a precise holding than to make precise a general one. Also note that the statement of the issue is constructed similarly to the holding, but it is of course a question. Stewart
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This note was uploaded on 10/22/2008 for the course LAW 101 taught by Professor Shellenberger during the Fall '08 term at Temple.

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00. Sample Holdings #2 - Litigation Basics SOME SAMPLE...

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