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In Ancient Rome, declamation was a genre of ancient rhetoric and a mainstay of the Roman higher education system. It was separated into two component subgenres, the controversia, speeches of defense or prosecution in fictitious court cases, and the suasoria, in which the speaker advised a historical or legendary figure as to a course of action.
A simple concurring opinion arises when a judge joins the decision of the court but has something to add. Concurring in judgment means that the judge agrees with the majority decision (the case's ultimate outcome in terms of who wins and who loses) but not with the reasoning of the majority opinion (why one side wins and the other loses).
Elocution is the study of formal speaking in pronunciation, grammar, style, and tone as well as the idea and practice of effective speech and its forms. It stems from the idea that while communication is symbolic, sounds are final and compelling.
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. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.
In modern practice, they are most commonly used in summary decisions that the Court resolves without full argument and briefing. [4] The designation is stated at the beginning of the opinion. Single-line per curiam decisions are also issued without concurrence or dissent by a hung Supreme Court (a 4–4 decision), when the Court has a vacant seat.
The legal definition of "judgment" contemplates decisions made by judges in a court of law. [3] Decisions of quasi-judicial bodies and administrative bodies may also be colloquially referred to as "judgments," but they must be distinguished from true judgments in that they are not made by judges in courts of law. [3]
Judge Amy Coney Barrett, President Donald Trump’s nominee for the Supreme Court, has written roughly 100 opinions in more than three years on the 7th U.S. Circuit Court of Appeals.
For example, while between 1937 and 1946 twenty 'certificate' cases were accepted, since 1947 the Supreme Court has accepted only four. [12] The Second Circuit, sitting en banc, attempted to use this procedure in the case United States v. Penaranda, 375 F.3d 238 (2d Cir. 2004), [13] as a result of the Supreme Court's decision in Blakely v.