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But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law articulated in the majority opinion.
In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie.
Legal opinion is a key point in law. In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.
The Supreme Court of Florida frequently releases death penalty opinions in a per curiam form, even if there are concurring and dissenting opinions to the majority. [ 9 ] Many decisions of the New York Supreme Court, Appellate Division , especially in the First and Second Judicial Departments, do not designate an author.
A dissent in part is a dissenting opinion which disagrees selectively with one or more parts of the majority holding. In decisions that require holdings with multiple parts due to multiple legal claims or consolidated cases, judges may write an opinion "concurring in part and dissenting in part".
The Alabama Supreme Court’s Friday decision in favor of fetal personhood takes another step at criminalizing abortion and reproductive decision-making, writes Mary Ziegler.
A plurality decision is a court decision in which no opinion received the support of a majority of the judges. A plurality opinion is the judicial opinion or opinions which received the most support among those opinions which supported the plurality decision. The plurality opinion did not receive the support of more than half the justices, but ...
In the NetChoice decisions from the Supreme Court, the underlying issues are truly about the First Amendment rights of private businesses, not a special privilege of certain tech companies, writes ...