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The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
Case history; Prior: 658 F.2d 1362 (9th Cir. 1981): Holding; The statute, as drafted and as construed by the state court, is unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated by the requirement that a suspect provide a "credible and reliable" identification.
Case history; Prior: 271 F.2d 385 (8th Cir. 1959): Subsequent: 295 F.2d 743 (8th Cir. 1961): Holding; The competency standard for standing trial: whether the defendant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him."
A South Carolina judge on Friday granted Clemson a legal “win” in its ongoing court battle against the Atlantic Coast Conference over the conference’s grant of rights.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody. The majority held that suspects ...
The 1964 decision set a high bar for public officials to prove defamation. Barbas noted several recent challenges to the case: “I have no reason to believe that movement will stop.”
Thompson v. Oklahoma, 487 U.S. 815 (1988), was the first case since the moratorium on capital punishment was lifted in the United States in which the U.S. Supreme Court overturned the death sentence of a minor on grounds of "cruel and unusual punishment." [1] The holding in Thompson was expanded on by Roper v.
The Supreme Court’s decision could reinforce these actions, without providing any parameters for how they should be applied by the states. Let’s play this out in a different setting.