Q16

[jardinsouslapluie5]

I don't understand why (E) is correct.

[giladedelman]

Thanks for posting.

The explanation of judicial decisions begins in line 26. The passage tells us that decisions consist of two parts: the holding and the dicta. The holding is really the meat of the decision. According to the passage, this is where the decision itself is stated, and where the legal reasoning behind it is laid out. The dicta is whatever other stuff the judge wants to talk about.

So (E) is correct because the holding 1) sets out the decision and 2) justifies it by explaining the legal reasoning behind it.

(A) is not said in the passage.

(B) is incorrect because the holding does both these things.

(C) is incorrect for the same reason.

(D) is backwards; the decision consists of the holding and the dicta.

Does that answer your question?

[mchelle]

I wanted to follow up because I'm still struggling with this question. I chose the correct answer (E) because I recognized that the holding had to both set forth and explain the reasoning for a decision, but I was tempted by (C). My thought process was, since a judicial decision consists of two parts, the holding and dicta, then the holding cannot "include" the decision under this definition, since the dicta would also be required. I eventually chose (E) because I felt like that had to be the correct answer.

Can someone please explain the flaw in my understanding of (C)? Thank you!

[SecondWind180]

I wanted to follow up because I'm still struggling with this question. I chose the correct answer (E) because I recognized that the holding had to both set forth and explain the reasoning for a decision, but I was tempted by (C). My thought process was, since a judicial decision consists of two parts, the holding and dicta, then the holding cannot "include" the decision under this definition, since the dicta would also be required. I eventually chose (E) because I felt like that had to be the correct answer.

Can someone please explain the flaw in my understanding of (C)? Thank you!

The Judicialdecision is comprised of two things per lines 26-28:
1. Holding
2. Dicta

The Holding is comprised of two things per lines 28-30:
1. The decision (for or against the plaintiff) i.e. Tells who won.
2. Essential grounds/Legal Reasons for the decision (i.e. explains the decision)

(C) is wrong because the Holding does include the decision.