This article needs additional citations for verification . (September 2016) (Learn how and when to remove this template message)
| Legal and |
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.
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.
Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is actually 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.
A dissenting opinion (or dissent) is an opinion written by one or more judges expressing disagreement with the majority opinion. A dissenting opinion does not create binding precedent nor does it become a part of case law. However, they are cited from time to time as a persuasive authority when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case will write a majority opinion for the same rule of law formerly cited by the dissent.
The dissent may disagree with the majority for any number of reasons: a different interpretation of the case law, use of different principles, or a different interpretation of the facts. They are written at the same time as the majority opinion, and are often used to dispute the reasoning behind the majority opinion.
Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes when judicial positions are vacant or a judge has recused himself or herself from the case, the court may be stuck with a tie, in which case the lower court's decision will be affirmed without comment by an equally divided court.
A majority opinion in countries which use the common law system becomes part of the body of case law. Such decisions can usually be cited as precedent by later courts. In some courts, such as the Supreme Court of the United States, the majority opinion may be broken down into numbered or lettered sections. This allows judges who write an opinion "concurring in part" or "dissenting in part" to easily identify which parts they join with the majority, and which sections they do not.
An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer:
The "slip" opinion is the second version of an opinion. It is sent to the printer later in the day on which the "bench" opinion is released by the Court. Each slip opinion has the same elements as the bench opinion—majority or plurality opinion, concurrences or dissents, and a prefatory syllabus—but may contain corrections not appearing in the bench opinion. Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed slip opinion pamphlets. Moreover, a slip opinion is replaced within a few months by a paginated version of the case in the preliminary print, and—one year after the issuance of that print—by the final version of the case in a U. S. Reports bound volume. In case of discrepancies between the print and electronic versions of a slip opinion, the print version controls. In case of discrepancies between the slip opinion and any later official version of the opinion, the later version controls.
Opinions may also be issued in ways that limit the amount of authority that they have as precedents for future cases. In United States legal practice, a memorandum opinion (or memorandum decision) is an opinion that does not create precedent of any kind in some jurisdictions. A memorandum is often brief and written only to announce judgment in a particular case. Depending upon local court rules, citation of the opinion as case law may not be accepted. A memorandum opinion may be issued where the law is so clearly defined that no purpose would be served by issuing an explanation as to why the law requires a certain disposition of the case before the court. In appellate courts, a memorandum opinion may indicate that the judges hearing the appeal find no error in the opinion being appealed to be worthy of comment.
A per curiam decision is one rendered by the court (or at least, a majority of the court) acting collectively and anonymously.In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed.
An Advisory opinion or Certified question are those issued by a court or administrative body or panel that do not dispose of a particular case. They often address a general issue or matter, or are issued in a case that is being heard outside their jurisdiction. They are not issued for the purposes of deciding a particular case before the court in question.
Some circumstances where they are issued include:
A 2011 peer-reviewed research paper suggested that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions, such as the timing of a parole hearing in relation to the judges' meal breaks.However, a re-examination of the data found that these conclusions had been based on erroneous assumptions.
In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis. Common-law precedent is a third kind of law, on equal footing with statutory law and subordinate legislation.
Bush v. Gore, 531 U.S. 98 (2000), was a decision of the United States Supreme Court that settled a recount dispute in Florida's 2000 presidential election. The ruling was issued on December 13, 2000. On December 9, the Court had preliminarily halted the Florida recount that was occurring. Eight days earlier, the Court unanimously decided the closely related case of Bush v. Palm Beach County Canvassing Board. The Electoral College was scheduled to meet on December 18, 2000, to decide the election.
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark United States Supreme Court case regarding abortion. In a plurality opinion, the Court upheld the constitutional right to have an abortion that was established in Roe v. Wade (1973), but altered the standard for analyzing restrictions on that right, crafting the "undue burden" standard for abortion restrictions.
Obiter dictum is the Latin phrase meaning "by the way", that is, a remark in a judgment that is "said in passing". It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.
James Andrew Wynn Jr. is an American jurist, currently a United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit and formerly on both the North Carolina Court of Appeals and the North Carolina Supreme Court.
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 reasons as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.
In law, a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively. In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting decisions are signed.
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes".
A dissenting opinion 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.
In law, 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.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Supreme Court of the United States are governed by the U.S. Constitution, various federal statutes, and the Court's own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from district and county courts, criminal and civil, go to one of the fourteen intermediate courts of appeals, with one exception: death penalty cases. The latter are taken directly to the Texas Court of Criminal Appeals, the court of last resort for criminal matters in the State of Texas. The highest court for civil and juvenile matters is the Texas Supreme Court. While the Supreme Court (SCOTX) and the Court of Criminal Appeals (CCA) each have nine members, the size of the intermediate court of appeals is set by statute and varies greatly.
Voting rights of United States citizens in Puerto Rico, like the voting rights of residents of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Residents of Puerto Rico and other U.S. territories do not have voting representation in the United States Congress, and are not entitled to electoral votes for President. The United States Constitution grants congressional voting representation to U.S. states, which Puerto Rico and other U.S. territories are not, specifying that members of Congress shall be elected by direct popular vote and that the President and the Vice President shall be elected by electors chosen by the States.
Thomas Rex Lee is the Associate Chief Justice of the Utah Supreme Court. Lee is also a lecturer on law at Harvard Law School and an adjunct professor/distinguished lecturer at Brigham Young University's (BYU) J. Reuben Clark Law School (JRCL) since his appointment to the bench.
Kerry v. Din, 576 U.S. ___ (2015), was a United States Supreme Court case in which the Court analyzed whether there is a constitutional right to live in the United States with one's spouse and whether procedural due process requires consular officials to give notice of reasons for denying a visa application. In Justice Anthony Kennedy's concurring opinion, the controlling opinion in this case, he wrote that notice requirements “[do] not apply when, as in this case, a visa application is denied due to terrorism or national security concerns.” Because the consular officials satisfied notice requirements, there was no need for the Court to address the constitutional question about the right to live with one's spouse.
Davis v. Ayala, 576 U.S. ___ (2015), was a case in which the Supreme Court of the United States upheld a death sentence of a Hispanic defendant despite the fact that all Blacks and Hispanics were rejected from the jury during the defendant's trial. The case involved a habeas corpus petition submitted by Hector Ayala, who was arrested and tried in the late 1980s for the alleged murder of three individuals during an attempted robbery of an automobile body shop in San Diego, California in April 1985. At trial, the prosecution used peremptory challenges to strike all Black and Hispanic jurors who were available for jury service. The trial court judge allowed the prosecution to explain the basis for the peremptory challenges outside the presence of Ayala's counsel, "so as not to disclose trial strategy". Ayala was ultimately sentenced to death, but he filed several appeals challenging the constitutionality of the trial court's decision to exclude his counsel from the hearings.
Mullenix v. Luna, 577 U.S. ___ (2015), was a case in which the Supreme Court of the United States held that a police officer who shot a suspect during a police pursuit was entitled to qualified immunity. In a per curiam opinion, the Court held that prior precedent did not establish "beyond debate" that the officer's actions were objectively unreasonable.
The Supreme Court of the United States handed down nine per curiam opinions during its 2016 term, which began October 3, 2016 and concluded October 1, 2017.
Lucia v. SEC, 585 U.S. ___ (2018), was a decision by the Supreme Court of the United States regarding the status of administrative law judges of the Securities and Exchange Commission. The Court held that they are considered inferior Officers of the United States subject to the Appointments Clause, and thus must be appointed through the President or other delegated officer of the United States, rather than hired. As "inferior" officers, their appointments are not subject to the Senate's advice and consent role.
Nieves v. Bartlett, 587 U.S. ___ (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.
|Wikiquote has quotations related to: Judicial opinion|