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Docket News - 08.29.07 Tues.Sept. 4 Tues. Sept 11 Sat. Sept 15 What’s the difference between holding and dicta? A holding is binding on future courts. Statements of law necessary to reach the result are also part of the court’s holding. Other court statements about the law, while important but not necessary to reach the decision, are called dicta. Dictum is never essential to the outcome of that particular case. In fact, “obiter dictum” means “spoken along the side or way,” which suggests the nonessential character of the statement. One way to determine if the statements are dicta is to ask yourself: “Did the court rule for/against the plaintiff/defendant because ….” Fill in the blank with the legal statements you are trying to decide are dicta. If it is part of the reasoning for the holding, it will make sense. If not, it is dicta. As the positive side, however, dictum is often a good predictor how the court may rule in future cases – or to indicate the factual limitations of the holding. Nevertheless, there are differences between the two and you need to remember those distinctions. Now is a good time to sharpen your writing skills for LRW. Come to Prof. Morse’s workshop on Refresher: Grammar/Punctuation/ Style. It will be held on Tuesday, September 4 at noon in Rm. 303. Moreover, there are many different kinds of study aids – and they are not created alike. Some are useful to provide context to the topic you are studying. Others might help you organize your thinking prior to outlining. Still others can fill in those “black holes” of missing knowledge that you just didn’t understand. Join the discussion on Academic Advising’s Official Study Aid Review. I will be discussing the pros and cons of many different types of books that you can buy or borrow. It will be held on Tuesday, September 11 at noon in Rm. 303. Bring a lunch – we will provide the soda. Part-time Evening students should also be saving 9 a.m. – Noon on Saturday, Sept. 15 in Rm. 302. We will be covering three topics: Learning Styles, Outlining and Exam Strategies, and Managing Law School Stress. Coffee and donuts will be provided. To make sure we have a sufficient number, please e-mail herlethj@slu.edu if you plan to attend. Student Legal Writers’ Assoc. Information Meeting New and continuing members please join us for a brief touch-base meeting. The SLWA is a community of student writers who work on personal legal writing projects independent of classes for the purposes of publishing and competitions. The forum seeks to provide an infrastructure to aid students in successfully realizing their projects through peer edits and guest faculty feedback. For More information, contact faculty advisers: Professor Twinette Johnson will be available to current third year/graduating students regarding bar preparation/exam questions and issues. Her office is located in Student Services, room 105b. She is available on Tuesdays from 2 p.m. – 5:30 p.m. and otherwise by appointment. (johnsot@SLU.EDU) Archives
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