Law Practice,
Appellate Practice,
9th U.S. Circuit Court of Appeals
Sep. 6, 2022
Dicta ain’t necessarily so
In California, stare decisis extends only to the ratio decidendi of a decision, not to supplementary or explanatory comments included in an opinion (i.e. dicta). And to determine the precedential value of a court’s statement, “the language of that statement must be compared with the facts of the case and the issues raised.”
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
Benjamin E. Strauss
Litigation & Appellate Counsel
Manatt, Phelps & Phillips LLP
Phone: (310) 312-4119
Email: BStrauss@manatt.com
Most lawyers know that a "holding" is a statement in an opinion that is necessary to the outcome of a case, whereas "dicta" is everything else - i.e., general observations that need not be followed. But this elementary understanding ain't necessarily so, depending on your jurisdiction. Exceptional lawyers know to ask "is you is or is you ain't my [holding]." For example, state courts in Arizona, Illinois, Maryland, and Minnesota follow a different rule. And so...
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