One deeply hopes, though one is also far from certain, that most
lawyers think to read the case before actually citing it in court
documents, whether they found the case online or in print. If not,
we've done a rather poor job of teaching them to research. Of course,
even if they do read their cases, I certainly wouldn't guarantee that
average summer associates can distinguish between holdings and dicta.
>
> On the other hand, here's where you lose by NOT using the books. There
> is only one part of a case that is binding...it's called, "holding." The
> search terms the associate finds may be buried in either dicta, opinion,
> reasoning, or factual analysis of the case. Here's where he had better
> not get confused...None of these things are binding. Most lawyers,
> including myself, readily point out when an opponent has cited dicta as
> if it were the holding of the court. It is easy to make this mistake if
> you are simply skimming the case for your bold search terms.
>
> Andrew Johnson, Esquire
>
Creighton J. Miller, Jr.
------------------------
Assistant Law Librarian/Reference
Bounds Law Library
University of Alabama School of Law
Tuscaloosa, AL
(205)348-2373
------------------------------------------
http://www.library.law.ua.edu/
------------------------------------------
Creighton J. Miller, Jr.
------------------------
Assistant Law Librarian/Reference
Bounds Law Library
University of Alabama School of Law
Box 870383
Tuscaloosa, AL 35487-0383
(205)348-2373
------------------------------------------
http://www.library.law.ua.edu/
------------------------------------------
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