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Five steps to separating diamonds from dicta.
What differentiates a beginning legal researcher from a seasoned one? In today's information age, it's not just finding case law on a particular research topic. Expert paralegal researchers can analyze and determine the effect a case will have on a client's particular matter.
Reading case law requires the ability to identify the legal issues of a case, as well as distinguish between the case's holdings, findings and dicta (tangential comments made by the court regarding issues not raised by the parties). By thoroughly understanding these concepts, a paralegal can determine which parts of a case are relevant to the assigned research topic. Done properly, an accurate case assessment can help predict a court's ruling on a matter.
There are five key steps to follow when reading cases. Before beginning, however, clear your desk and mind of other distracting items. You will need to think clearly and analytically to improve your last case brief - the one where you hurriedly set forth the issue, findings and holding of the case without considering the impact of the holding. Hopefully, these steps will give you the confidence to really shine when you have the next opportunity to brief a case.
Step One:
Holdings v. Findings
A court's decision when it settles a question of law is called the holding. The finding is the resolution of a factual dispute that the trier of fact (i.e., judge or jury) is charged to decide after the evidence is presented at the trial. The holding of the case is related to the findings because the court will use the findings of facts in reaching a holding on questions of law.
Generally, the appellate court accepts the findings of facts that the trial court rendered and applies them to reach its ruling as to whether to affirm the lower court's decision on the issues of law raised on appeal. It is not the position of the appellate court to make new findings of facts. The appellate court limits its review to looking at whether the trial court made an error in the procedure of the trial or in the rendering of its decision on a question of law.
Consider the following examples of a...