Brief State v. Batie on page 166 using the briefing format on the second half of page 31.

2. Provide an example of dicta from State v. Batie on page 166.

3. This is a system of precedent in which only holding binds later courts, not dicta. Stated another way, only the holding establishes law that binds later courts. Is this conservative or liberal? I do not mean conservative or liberal in the political sense. I mean does such a system of precedent increase or decrease the rate of change of the law? Before you took this course did you understand this? Whatever your views of American criminal law does this promote the criminal law that you think is best for th US? (in the sense of promoting change or inhibiting change?)

Dicta in an opinion is quite different than the holding. Here is a definition of dicta from https://legal-dictionary.thefreedictionary.com/Dicta:

Dicta

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Related to Dicta: obiter dicta

Dicta

Opinions of a judge that do not embody the resolution or determination of the specific case before the court. Expressions in acourt's opinion that go beyond the facts before the court and therefore are individual views of the author of the opinion andnot binding in subsequent cases as legal precedent. The plural of dictum.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

dicta