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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.
Where the opinion is given by a foreign lawyer or foreign law firm it is usually referred to as a 'foreign legal opinion'. The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith's opinion on the Iraq War , Yoo memo ), or because a general clarification of the law is ...
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
A position paper (sometimes position piece for brief items) is an essay that presents an arguable opinion about an issue – typically that of the author or some specified entity. Position papers are published in academia, in politics, in law and other domains. The goal of a position paper is to convince the audience that the opinion presented ...
The legal memorandum is the most common type of predictive legal analysis; it may include the client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the authorities governing the question and the relevant facts that gave rise to the legal question.
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "said in passing", [1] that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.
Some commercial publishers also provide court opinions in searchable online databases that are part of larger fee-based, online legal research systems, such as Westlaw, Lexis-Nexis or Justis. Unofficially published court opinions are also often published before the official opinions, so lawyers and law journals must cite the unofficial report ...
Occasionally, a judge will use a concurring opinion to signal an openness to certain types of test cases that would facilitate the development of a new legal rule, and in turn, such a concurring opinion may become more famous than the majority opinion in the same case. A well-known example of this phenomenon is Escola v.
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