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What type of opinion is written to make a point that was not made in the opinion of the Court?
Wiki User
∙ 14y ago
A Justice may write a concurring opinion, which sometimes says "concurring in judgment only," if he or she votes with the majority but either disagrees with the logic used to arrive at the decision; agrees with part of the decision, but disagrees with another part; or wants to address relevant points not made in the majority opinion. When there is a clear majority opinion joined by a substantial number of Justices, concurring opinions can help strengthen a case and may be cited as precedent in future cases.
Sometimes the court issues so many separate opinions that whichever opinion is joined by the most justices is referred to as a plurality, rather than a majority. One recent example of a decision holding a plurality opinion is that of Baez et al., v. Rees (2008), where Chief Justice Roberts and Justices Kennedy and Alito signed one opinion, and Justice Stevens wrote a separate concurring opinion, as did Justices Scalia, Breyer, and Thomas (Scalia also joined Thomas' concurrence). Justice Ginsberg wrote a dissenting opinion in which Justice Souter joined.
There are also a number of cases where members of the majority each wrote a concurring opinion, without creating a unified majority or plurality opinion, as well as cases where the court decision was released without the signature of any justice, in an anonymous fashion. This latter form is known as a per curiamdecision. Bush v. Gore (2000) is a recent example. Cases decided per curiam do not create a precedent that can be cited in future litigation.
Plurality and per curiam decisions tend to create confusion as to how a federal or constitutional law is to be interpreted.
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∙ 14y ago
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A justice who agrees with the results reached by the majority of the court but wants to voice disapproval of the grounds on which decsion was made would write a what?
a concurring opinion
What is a major difference between a majority opinion and dissenting opinion issued by the supreme court?
A majority opinion explains the reasoning behind the courts ruling while a dissenting opinion explains a disagreement with the courts ruling
What is a decision made by a higher court such as a US Court of Appeals Circuit Court or the US Supreme Court that is binding on all federal courts?
A decision made by a higher court sets a binding precedent for the inferior court(s).
Who or what created the US supreme court?
The the United States Constitution made the supreme court. The supreme court was made in 1789.
What is a Made up of nine justices who review and rule on court cases?
supreme court
How do a concurring opinion and a unanimous opinion differ?
Majority opinion - Also called the "Opinion of the Court," this is the official verdict in the case that represents the vote of the majority of justicesDissenting opinion - An opinion written by a justice who disagrees with the majorityConcurring opinion - An opinion that agrees with the decision but may disagree with the some of the reasoning behind the Court opinion, or may elaborate on a point made or introduce further relevant informationThe most important type is the majority opinion. The majority opinion is, as the name suggests, the opinion of the majority of judges hearing the case. In most cases, a majority opinion requires five Justices, unless one or more Justices have recused themselves from a given decision. The majority opinion is important because it defines the precedent that all future courts hearing a similar case should follow.Majority opinions are sometimes accompanied by concurring opinions. Concurring opinions are written by individual Justices in the majority. These opinions agree with the majority opinion, but may stress a different point of law. Sometimes, concurring opinions will agree with the result reached by the majority, but for a different reason altogether.Opinions written by justices not in the majority are known as dissenting opinions. Dissenting opinions are important because they provide insight into how the Court reached its decision.the statement written to explain why the decision was made (GradPoint)For more information, see Related Questions, below.
What will happen if there is an inconsistency between judge-made law and statute law?
Unless it is a finely written opinion that stands the scrutiny of the appeals court, the statute law will probably prevail.
What types of opinions does the supreme court issue?
Written OpinionsThe four most common opinions:MajorityConcurringDissentingPer CuriamThe Court's Opinion (usually also the majority opinion) is synonymous with the Court's decision. The "Opinion of the Court" gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority. If the justices who voted against the majority wish to issue a unified opinion, they simply decide amongst themselves who will write it.Individual justices may write their own opinions, usually concurring or dissenting, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with, even if they agree with more than one point-of-view. This generally strengthens the opinion.All published opinions except Per Curiam decisions may be used as precedent in future litigation.Opinion of the Court - The official opinion, whether unanimous or by majority voteMajority opinion - Also called the "Opinion of the Court," this is the official verdict in the case that represents the vote of the majority of justicesPlurality opinion - A concurring opinion joined by more justices than the official Court opinionDissenting opinion - An opinion written by a justice who disagrees with the majorityDissenting in part - An opinion written by a justice who voted with the majority on the decision, but disagrees with a portion of the reasoning in the majority opinion, which he or she explains in writingUnanimous opinion - An opinion authored by one justice, often (but not always) the Chief Justice, and signed by all justicesConcurring opinion - An opinion that agrees with the decision but may disagree with the some of the reasoning behind the Court opinion, or may elaborate on a point made or introduce further relevant informationConcurring in part - Typically an opinion written by a justice who voted against the majority, but agrees with a portion of the majority opinion, which he or she explains in writingConcurring in judgment - An opinion written by a justice who agrees with the decision, but not with the reasoning used to reach the decisionConcurring in part and dissenting in part - An opinion written by a justice who may have voted either way, but wants to explain which points are in agreement and which are in disagreement.Per Curiam opinion: The opinion is given by the full court, unsigned by the JusticesSeriatim opinion: Each justice on the Court writes his or her own, separate opinion; there is no majority opinion, only a majority verdict. This type of opinion was more common in the 18th, and parts of the 19th, centuriesThe most important type is the majority opinion. The majority opinion is, as the name suggests, the opinion of the majority of judges hearing the case. In most cases, a majority opinion requires five Justices, unless one or more Justices have recused themselves from a given decision. The majority opinion is important because it defines the precedent that all future courts hearing a similar case should follow.Majority opinions are sometimes accompanied by concurring opinions. Concurring opinions are written by individual Justices in the majority. These opinions agree with the majority opinion, but may stress a different point of law. Sometimes, concurring opinions will agree with the result reached by the majority, but for a different reason altogether.Opinions written by justices not in the majority are known as dissenting opinions. Dissenting opinions are important because they provide insight into how the Court reached its decision.Sometimes the court issues so many separate opinions that whichever opinion is joined by the most justices is referred to as a plurality, rather than a majority. One recent example of a decision holding a plurality opinion is that of Baez et al., v. Rees (2008), where Chief Justice Roberts and Justices Kennedy and Alito signed one opinion, and Justice Stevens wrote a separate concurring opinion, as did Justices Scalia, Breyer, and Thomas (Scalia also joined Thomas' concurrence). Justice Ginsberg wrote a dissenting opinion in which Justice Souter joined.There are also a number of cases where members of the majority each wrote a concurring opinion, without creating a unified majority or plurality opinion, as well as cases where the court decision was released without the signature of any justice, in an anonymous fashion. This latter form is known as a per curiam decision. Bush v. Gore (2000) is a recent example. Cases decided per curiam do not create a precedent that can be cited in future litigation.Plurality and per curiam decisions tend to create confusion as to how a federal or constitutional law is to be interpreted.
Can a wife be made to testify if she made a statement?
if it was a written statement yes she can be called to court
If the US Supreme Court issues an opinion and that opinion is not at odds which courts ruling will usually hold sway?
The opinions and decisions made by the US Supreme Court define federal law. There is no higher court and no further appeal. All local, state and federal courts are essentially bound by the decisions of the USSC. If the USSC decision is not unanimous, the majority opinion is the binding decision.
A negotiable instrument is a courier without any luggage?
PA Supreme Court Justice Gibson made that statement in an opinion in 1846 .
What is an objective conclusion?
An objective conclusion is a decision that was made with an unbiased opinion. In a court of law a judge makes an objective conclusion on cases.
A justice who agrees with the results reached by the majority of the court but wants to voice disapproval of the grounds on which decsion was made would write a what?
a concurring opinion
What is the significance of the point made by danforth that no uncorrupted man may fear this court?
When Danforth says "No uncorrupted man may fear this court," in The Crucible, the point is significant because it is so ironic. Danforth is basically saying that innocent men should not be afraid of the court because the court will be so fair.
When restating a point that was just made by another person is a communication skill which enables us to do what?
persuade others to adopt our opinion
What has the author John Glassco written?
John Glassco has written: 'The deficit made flesh' 'A point of sky'
What is a majority opinion?
A. the statement written that explains why the majority opinion is wrongB. the statement written to explain why the decision was made {GradPoint}C. the petition that is created to persuade justices to agree with the decisionD. the action taken to correct the majority opinion before it is official
