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.
What does a Supreme Court justice write when they agree with the majority but for a different reason?
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.
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 justice agrees with the majority decision disagrees with the rationality presented in the majority opinion he or she may write ?
FEEDBACK: In some Supreme Court cases, one or more justices agree with the majority decision but disagree with the rationale presented in the majority opinion. These justices may
draft special concurrences
, explaining their own rationale for the decision and how it differs from the majority's rationale.
When all the justices agree with the ruling opinion it is called?
A unanimous opinion
is one in which all of the justices agree and offer one rationale for their decision. A majority opinion is a judicial opinion agreed to by more than half of the members of a court.
What are the 3 types of Supreme Court decisions?
Majority opinion. Dissenting opinion. Plurality 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
.
When a justice agrees with the majority decision but disagrees with the rationale?
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 disagrees with the rationale they may write a group of answer choices?
The most senior Justice in the majority then assigns someone from that group to write the Court's “majority opinion” — its final decision in the case. Justices who disagree with the majority may write a “
dissenting opinion
” or join one written by another Justice.
When a justice agrees with both the decision and the rationale?
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 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 higher court sends a case back to a lower court this is known as?
Oyez: A Norman French term meaning “hear ye”, used to call a court session to order (return). Per Curiam: An opinion issued by an appellate court as a whole and not authored by any particular judge (return).
Remand
: The process by which a higher court (such as the Supreme Court) sends a case back to a lower court.
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 is a dissenting opinion in law?
With respect to law, “opinion” primarily refers to a judicial opinion, which is a court's written statement explaining the court's decision for the case. … “Dissenting opinion,” or dissent, is
the separate judicial opinion of an appellate judge who disagreed with the majority's decision explaining the disagreement.
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.
What is the importance of a dissenting opinion?
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.
