‘Legal Theory Lexicon: Persuasive Authority’

“The first year of law school usually includes an introduction of some kind to the doctrine of stare decisis (or precedent) and the related concepts of dicta and holdings. For the basics, see the Lexicon entry on holdings. The core idea is that majority opinions usually have a holding, which is a rule implied by the reasoning necessary to reach the decision in the case, given the legally salient facts …” (more)

[Lawrence Solum, Legal Theory Blog, 9 August]

Leave a Reply