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
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. 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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