If five or more justices agree on a decision, they issue a majority opinion that becomes law. If a justice disagrees with the majority opinion, he
may write a dissenting opinion
. If a justice agrees with the majority's conclusion but for different reasons, he may write a concurrence.
When justice agrees with the majority decision but disagrees with the rationale they may write?
Justices who disagree with the majority may write a “dissenting opinion” or join one written by another Justice. Additionally, Justices who agree with the majority but disagree with its reasoning may write a “
concurring opinion
” stating the rationale they would have preferred.
When a justice agrees with the majority decision but disagrees with the rationale quizlet?
A dissenting opinion
is written by a justice who agrees with the decision of the majority, but disagrees with the rationale.
When a justice is on the majority decision but for a different reason?
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 does a justice write when they agree with the majority opinion?
A majority of Justices must
agree to all of the contents of the Court's opinion before it is publicly delivered
. Justices do this by “signing onto” the opinion. The Justice in charge of writing the opinion must be careful to take into consideration the comments and concerns of the others who voted in the majority.
What factors influence the Supreme Court's decision making practices?
in a case, discussed earlier in this chapter, also play a role in its decision-making, including law clerks, the solicitor general, interest groups, and the mass media. But
additional legal, personal, ideological, and political influences
weigh on the Supreme Court and its decision-making process.
When a person who lost a case in a lower court asks judges to review the decision and reverse it they ask the?
An appeal
is when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court's decision. In almost all cases, the appellate court ONLY looks at two things: Whether a LEGAL mistake was made in the trial court; AND.
Why was the Supreme Court's decision in Ricci v DeStefano important quizlet?
DeStefano, case alleging racial discrimination that was decided by the U.S. Supreme Court on June 29, 2009. The court's decision, which agreed that
the plaintiffs were unfairly kept from job promotions because of their race
, was expected to have widespread ramifications for affirmative action and civil rights law.
What is the significance of dissenting opinions?
Dissenting opinions like Harlan's are considered
important because they put an alternative interpretation of the case on the record
, which can encourage future discussion of the case. Such dissent may be used years later to shape arguments or opinions. Dissenting opinions don't always lead to the overturning of cases.
What does the Solicitor General of the United States do quizlet?
The solicitor general is the lawyer who
represents the United States before the Supreme Court in cases where the federal government is a party
.
Why would a justice write a concurring opinion?
When justices write or join a concurring opinion,
they demonstrate that they have prefer- ences over legal rules and they are responding to the substance of the majority opinion
.
On what basis is a judge supposed to arrive at decisions?
In criminal cases, especially, lawyers often make motions on critical issues of constitutional law, or the admissibility of evidence, without citation to any authority. Decisions by a trial court judge may be
based as much on his or her sense of the law as on specific knowledge of it
.
What is the opinion of the losing side in a case?
A dissenting opinion (or dissent)
is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.
What happens if a justice disagrees with the majority opinion?
If five or more justices agree on a decision, they issue a majority opinion that becomes law. If a justice disagrees with the majority opinion,
he may write a dissenting opinion
. If a justice agrees with the majority's conclusion but for different reasons, he may write a concurrence.
What happens if the Supreme Court refuses to review a lower court decision?
As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a
writ of certiorari
. … This is referred to as “granting certiorari,” often abbreviated as “cert.” If four Justices do not agree to review the case, the Court will not hear the case. This is defined as denying certiorari.
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
.
