What is the importance of a dissenting opinion?

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A justice may also give a dissenting opinion which gives an opposing view of the case and presents the reasons for the opposition.
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What are the differences between the majority concurring and dissenting opinions?

Majority: when the majority (5 or more of the nine justices) write an opinion on an issue and that opinion is the one that prevails. Dissenting: The other justices who disagreed with the majority opinion sometimes write a dissenting opinion to express their disagreements (dissent). Concurrence ( Full Answer )

What is a dissenter?

Dissenters was the term used in English history for Protestants who were fundamentally in disagreement with the established Church, that is, the Church of England. Liar!! It meens to disagree with something. I had to answer a question that was: "A dissenter is someone who..." the answer was: disag ( Full Answer )

What was the dissenting opinion of Brown v. Board of Education?

Brown v. Board of Education, 347 US 483 (1954) The 1954 US Supreme Court verdict in Brown v. Board of Education of Topeka was unanimous in declaring de jure segregation a violation of the 14th Amendment's Equal Protection Clause. There was no dissenting opinion. For more information, see R ( Full Answer )

What is the difference between a majority opinion a dissenting opinion and a concurring opinion?

Majority opinion - Also called the "Opinion of theCourt," this is the official verdict in the case that representsthe vote of the majority of justices . Dissenting opinion - An opinion written by a justice whodisagrees with the majority . Concurring opinion - An opinion that agrees withth ( Full Answer )

What was the dissenting opinion for McCulloch v Maryland?

There was no dissenting opinion. The decision in McCulloch was formed unanimously, by a vote of 7-0. Chief Justice John Marshall wrote the only opinion in the case. Chief Justice John Marshall Associate Justices Bushrod Washington William Johnson Henry Brockholst Livingston Thomas ( Full Answer )

What US Supreme Court case has a majority opinion concurring opinion and dissenting opinion?

Many cases fit these criteria, because split decisions are common on a court where members have mixed political ideologies. Justices who strongly oppose a majority decision will often write a dissenting opinion(s) in order to record their legal reasoning for consideration in future cases. Justice ( Full Answer )

Dissenting opinions are written when?

A dissenting opinion is written when a Justice of the Supreme Court doesn't agree with either the logic of a decision or the decision itself, and feels strongly enough to write said opinion.

Who decides which justice writes the dissenting opinion in a Supreme Court case?

If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion. Individual justices may write their own (concurring or dissenting) opinions, regardless ( Full Answer )

What was the dissenting opinion in the Engel v. Vitale case?

Justice Potter Stewart wrote a brief dissent to the majority opinion in Engel v. Vitale, disagreeing that the New York law established a religion according to his understanding of the First Amendment Establishment Clause: "A local school board in New York has provided that those pupils who wis ( Full Answer )

When will a justice write a dissenting opinion?

A dissenting opinion is written when a justice disagrees with the majority opinion (which carries the force of law). If a justice is writing a dissenting opinion, that means he or she voted with the minority group, and wants to explain the reason why he or she disagrees with the official Opinion of ( Full Answer )

What was the dissenting opinion in Gideon v. Wainwright?

The decision in Gideon v. Wainwright was unanimous (9-0); there was no dissenting opinion. Justice Hugo Black delivered the opinion of the Court, and Justices Tom C. Clark, John Marshall Harlan II, and William O. Douglas wrote concurring opinions. The case citation is Gideon v. Wainwright, ( Full Answer )

What were the dissenting opinions of Koon v. US?

Koon v. United States, 518 US 81 (1996) There were three other opinions issued (other than the majority opinion), all concurring in part and dissenting in part. Justice Stevens wrote that he does not believe the District Court abused discretion. He accepts all parts of the majority opinion exc ( Full Answer )

Does a dissenting opinion from the US Supreme Court carry the force of law?

No, a dissenting opinion is written when a justice disagrees with the majority opinion (which carries the force of law). If a justice is writing a dissenting opinion, that means he or she voted with the minority group, and wants to explain the reason why he or she disagrees with the official Opinion ( Full Answer )

What was the dissenting opinion in Marbury v. Madison?

Marbury v Madison, 5 US 137 (1803) The Court only issued one opinion in Marbury v. Madison, (1803), which was authored by John Marshall. Marbury was decided by a unanimous vote of 4-0; therefore, there were no dissenting opinions. (Justices Cushing and Moore took no part in the decision du ( Full Answer )

What was the dissenting opinion for Mapp v Ohio?

The dissenting opinion was that the 4 th amendment is only used by the federal government therefore overruling the exclusionary rule (rule that illegally obtained evidence should be excluded from a trial).

A published dissenting opinion has no value as precedent T or F?

False Added: To expand on the above comment: All published opinions, except per curiam, may be cited as precedent; however, dissenting opinions don't carry the force of law, as majority opinions do. HOWEVER - the dissent, or portions thereof, can be used in the future by like-minded jurists in f ( Full Answer )

What is a dissenting opinion?

A dissenting opinion is written when a justice disagrees with themajority opinion (which carries the force of law). If a justice iswriting a dissenting opinion, that means he or she voted with theminority group, and wants to explain the reason why he or shedisagrees with the official Opinion of the ( Full Answer )

What were the dissenting opinions of Texas v. Johnson?

Texas v. Johnson carried two dissenting opinions, one authored by Chief Justice Rehnquist (and joined my Justices White and O'Connor), and one authored by Justice Stevens. Chief Justice Rehnquist's dissent was largely an appeal to sentiment, focusing on the history and meaning of the American f ( Full Answer )

What is the importance of a oposing opinion?

Even though dissenting opinions are not the law, they can be important in many ways: . Dissenting opinions can help us understand the meaning and implications of the majority opinion. Because the dissenting opinion often tells us what the majority does NOT stand for, dissenting opinions can h ( Full Answer )

Why did Justice Black write a dissenting opinion in Katz v. United States?

Justice Black wrote a dissent because he disagreed with the majority opinion. In Katz, the majority changed how the Fourth Amendment was interpreted. Prior to Katz a physical intrusion into some protected space was required before the Fourth Amendment was violated. In Katz , the police had b ( Full Answer )

The majority opinion of the court and the dissent has value as a precedent?

The majority opinion of an appellate court is the governing rule in the case. A dissent indicates why one of the judges on the court did not agree with the ruling of the majority. Dissents do not have the force of law, but they may be instructive in future cases where a similar issue is contested. ( Full Answer )

What were the dissenting opinions in US v. Leon?

United States v. Leon, 468 US 497 (1984) Justice Brennan (joined by Justice Marshall) dissenting: Justice Brennan expressed concern that the Court's majority opinion may reopen the door to allowing illegally seized evidence to be used in court, and may result in the complete abandonment of ( Full Answer )

Where can I find the text of Clarence Thomas' dissenting opinion on cross burning?

Virginia v. Black et al., 538 US 343 (2003) Three men were convicted of violating a Virginia state statute that makes cross burning a felony, when they lit a cross at a Carroll County, Virginia, Ku Klux Klan rally. The statute under which they were convicted reads (in part) that it is illegal: ( Full Answer )

What was the dissenting opinion in Schenck v. US?

Schenck v. United States , 249 U.S. 47 (1919) There was no dissenting opinion in Schenck ; the 9-0 vote was unanimous in support of the US government. Justice Oliver Wendell Holmes, Jr., wrote the opinion of the Court. For more information, see Related Questions, below.

Who wrote the dissenting opinion of Miranda v. Arizona?

Miranda v. Arizona, 384 US 436 (1966) There were actually three dissenting opinions, written by Justices Clark, Harlan, and White. Justice Stewart joined both Justices Harlan and White, and Justices Harlan and White joined each other's opinions.

What was the dissenting opinion of Miranda v Arizona?

There were two clear dissents and one partial dissent. The two clear dissents were based on the dissenting Justice's opinions that the decision was not supported by the Constitution in that no such "right" was ever called for or mentioned, either explicitly, or implicitly, in the Constitution. The p ( Full Answer )

Why is public opinions so important?

popular opinion is a shifting target and is only one facet of democratic debate. for instance, the notorious Dred Scot decision by the U.S. Supreme Court which held at that time upheld racial discrimination, was a POPULAR decision, regardless of it's obvious improper interpretation of the U.S. Cons ( Full Answer )

Who wrote the dissenting opinion in Gibbons v. Ogden?

There was no dissenting opinion in Gibbons v. Ogden, which received a unanimous vote of 6-0*; however, Justice William Johnson wrote a concurring opinion in order to present points not specifically covered in Marshall's writing. Gibbons v. Ogden, 22 US 1 (1824) For more information, see ( Full Answer )

Does a dissenting opinion express an opposing viewpoint?

Yes. A dissenting opinion outlines one or more justices' reasoning about why the Supreme Court should have made a different decision. While dissenting opinions do not carry the force of law, they may be cited, and sometimes become a more important part of case law than the majority opinion.

What was the dissenting opinion in Thornhill v. Alabama?

Thornhill v. Alabama, 310 US 88 (1940) Thornhill was a First Amendment case challenging an Alabama law making it illegal for anyone to loiter or picket on or near company premises. "Section 3448. Loitering or picketing forbidden. -- Any person or persons, who, without a just cause or legal ( Full Answer )

What is the dissenting opinion in Gregg v Georgia?

There are several dissenting opinions contained in this decision, depending on the issue involved. On the issue of Death being cruel and unusual punishment: . MR. JUSTICE BRENNAN stated, quote: "This Court inescapably has the duty, as the ultimate arbiter of the meaning of our Constitution, to ( Full Answer )

What were the Concurring and Dissenting Opinions of US v Nixon?

There were no dissenting opinions because the case ruled against Nixon 8-0. The concurring opinion was a collective agreement between all justices in that the tapes held criminal conduct between the President and his men as well as that Nixon's claim to absolute executive privilege was wrong. Execut ( Full Answer )

What were the dissenting opinions in the US Supreme Court case Tinker v Des Moines?

Two justices, Hugo Black and John Marshall Harlan II , wrote independent dissenting opinions in Tinker . Justice Black disagreed with the Court's decision to allow students and teachers to use the schools as a platform for the expression of free speech, and believed policy matters should be ( Full Answer )

What happens if a dissenting opinion is issued by a justice of the Supreme Court?

Nothing really "happens". It's published along with the majority opinion but doesn't change the majority decision in any way. Unless the Court votes unanimously, there will generally be a dissenting opinion. A justice may even opt to write an opinion "concurring" with the judgment itself, but ind ( Full Answer )

What was the dissenting opinion in the US Supreme Court case Reynolds v US?

There was no dissenting opinion written for Reynolds v. US because the decision was unanimous (9-0). Chief Justice Morrison Waite wrote the opinion of the Court. Case Citation: Reynolds v. United States, 98 US 145 (1878) For more information, see Related Questions, below.

Why is dissenter so important?

In America and a few other democracies, being a dissenter is not asimportant as the principle of Free (Political) Speech & Freeelections. Taking the opposite view or position to others is notnecessarily a virtue, however it is important & a worthy causeto defend the constitutional rights of all citi ( Full Answer )