The court makes a "ruling," applying a rule to the factsThe rule, ruling, or "holding" is the category of the brief which tells who won. It may be simply stated as "Yes" or "No" in answer to the issue, but a more complete statement of the rule is more useful. |
Ponder v. Graham
4 Fla. 23 (1851)Remember, the ISSUE was WHETHER the legislative divorce was valid.
RULING: Yes (the divorce was invalid, the marriage invalid, Mary could not take dower.)
- Rule 1:The legislature does not have power to grant divorces.
- Rule 2: Dower is only available to a widow (a woman legally married at her husband's death).
COMMENT: Judges disagreeing with the decision of the majority may submit a dissenting opinion (not in this case). While the dissent has to value as precedent, it often contains important points on the other side of the argument and are often quoted in subsequent cases to make an argument. The force of a decision is somewhat weakened by a well-reasoned dissenting opinion. Case briefs often refer to the dissent
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