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2. Key Facts--“a fact is a key fact when the holding of the court would have been<br />

different if that fact had been different or had not been in the opinion” (Statsky &<br />

Wernet, 1995, p. 47).<br />

3. Issue--“a vital question or problem; a matter of dispute between two or more parties”<br />

(Merriam Webster’s Dictionary of Law, 1996, p. 263).<br />

4. Holding--is the court’s answer to the question of how law applies to the particular<br />

case and facts (Merriam Webster’s Dictionary of Law, 1996, p. 225).<br />

5. Reasoning--is “the explanation of why a court reached a particular holding for a<br />

particular issue” (Statsky & Wernet, 1995, p.455).<br />

6. Disposition--“is the final determination of a matter by a court” (Merriam Webster’s<br />

Dictionary of Law, 1996, p. 144).<br />

Data Synthesis<br />

Qualitative data collection is extensive and overwhelming, but it is also rich in detail and<br />

minutia that add to its authenticity. Because the researcher is the instrument of data collection<br />

rather than a survey instrument, this research is more natural and holistic (Creswell, 1998;<br />

Merriam, 1998; Miles & Huberman, 1994). This research study is somewhat different from other<br />

qualitative studies inasmuch that is relies totally upon documents for its database. Glaser and<br />

Strauss explain that in documents “people converse, announce positions, argue with a range of<br />

eloquence, and describe events or scenes in ways entirely comparable to what is seen and heard<br />

during fieldwork” (as cited in Merriam, 1998, p. 120). That is not to say that the documentation<br />

used in this study was without fault. One must remember, as Yin (2003) explained that all<br />

documentation--even court cases--are subject to editing and prior scrutiny before the researcher<br />

33

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