Which term refers to an opinion written by a justice in the majority that outlines additional considerations he/she thinks are important?
Concurring
.
Which term refers to an opinion written by a Justice?
A judicial opinion
is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.
Which of the following is an opinion written by a justice in the majority that outlines an alternative basis for the decision?
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision.
What is the majority opinion?
“Majority opinion” is
a judicial opinion that is joined by more than half the judges deciding a case
. … Unlike most judicial opinions, an “advisory opinion” is a court's nonbinding statement interpreting the law. “Per curiam opinion” is a judicial opinion issued under the name of the deciding appellate court.
What is the term used to describe when justices on the Supreme court provide a statement of the legal reasoning behind their decisions?
opinion
– A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court's ruling comes from a majority of judges and forms the majority opinion.
Is a concurring opinion binding?
Concurring opinions
are not binding since
they did not receive the majority of the court's support, but they can be used by lawyers as persuasive material. There are some rare circumstances in which the concurring opinion eventually becomes law, such as in Escola v.
What are the 3 types of Supreme Court decisions?
Majority opinion. Dissenting opinion. Plurality opinion
.
What is a dissenting opinion example?
At its simplest, a dissenting opinion
seeks to justify and explain a judge's dissenting vote
. For example, Judge John Blue dissented in the Florida Second District Court of Appeal case, Miller v. State, 782 So.
Which of the following can modify decision of the Supreme Court?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by
the rarely used procedure of constitutional amendment
or by a new ruling of the Court.
What is a major difference between a concurring opinion and a dissenting opinion issued?
Concurring opinion is the explanation by a judge voting with majority, but
explaining their own reasoning
. A dissenting opinion is one written by a judge/judges who disagrees with the winning side.
What is majority opinion and why is it important?
What is the majority opinion and why is it important? 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
.
Who delivered the majority opinion?
majority opinion by Earl Warren. Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment.
Chief Justice Earl Warren
delivered the opinion of the unanimous Court.
Is a majority opinion binding?
The Supreme Court generally adjudicates by majority rule; whatever legal position garners a majority of votes in favor of its legal position prevails, and the majority's ruling in that case becomes
binding precedent in subsequent cases
.
How has public opinion influenced the Supreme Court quizlet?
How has public opinion influenced the Supreme Court?
The Court may sometimes delay issuing a decision on a certain issue based on expected reaction by the public
. The public indirectly chooses the justices themselves, who ultimately reflect public opinion in their decisions.
Are per curiam opinions binding?
A per curiam decision is a
court
opinion issued in the name of the Court rather than specific judges. Most decisions on the merits by the courts take the form of one or more opinions written and signed by individual justices. … Per curiam decisions are not always unanimous and non-controversial.
What factors influence the Supreme Court's decision making practices?
A justice's decisions are influenced by
how he or she defines his role as a jurist
, with some justices believing strongly in judicial activism, or the need to defend individual rights and liberties, and they aim to stop actions and laws by other branches of government that they see as infringing on these rights.
