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What is a concurring decision in court?

What is a concurring decision in court?

“Concurring opinion,” or concurrence, is the separate judicial opinion of an appellate judge who voted with the majority. Concurrences explain the appellate judge’s vote and may discuss parts of the decision in which the appellate judge had a different rationale.

What is the point of concurring opinion?

When a member of a multi-judge court agrees with the decision reached by the majority but disagrees with the reasoning of the opinion of the court or wishes to add his own remarks, he will customarily file a concurring opinion.

What is a concurring opinion and does it have any impact on the law?

A concurring opinion is an opinion that agrees with the majority opinion but does not agree with the rationale behind it. Concurring opinions are not binding since they did not receive the majority of the court’s support, but they can be used by lawyers as persuasive material.

What is a concurring opinion quizlet?

Concurring Opinion. an opinion that supports the majority decision, but also stresses a different constitutional or legal basis for the judgment. Court of appeal (circuit) courts which have the power to review all final decisions of district courts, except in instances requiring direct review by the Supreme Court.

Why would a judge write a concurring opinion in a case?

When justices write or join a concurring opinion, they demonstrate that they have prefer- ences over legal rules and they are responding to the substance of the majority opinion.

When would a justice write a concurring opinion?

often, one or more of the justices who agree with the Court’s decision may write a concurring opinion- to add or emphasize a point that was not made in the majority opinion. The concurring opinions may bring the Supreme Court to modify its present stand in future cases.

What is a concurring opinion example?

A well-known example of this phenomenon is Escola v. Coca-Cola Bottling Co. (1944). Concurring opinions may be held by courts but not expressed: in many legal systems the court “speaks with one voice” and thus any concurring or dissenting opinions are not reported.

What is a concurring opinion AP Gov?

Concurring opinion – An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Which of the following best describes a concurring opinion?

Which of the following best describes a concurring opinion? An opinion that agrees with the majority decision, but disagrees with the logic. One or more justices may agree with the majority but disagree with the rationale presented in the majority opinion.

What is an example of a concurring opinion?

What is an example of concurring opinion?

Why do Supreme Court justices often write concurring and/or dissenting opinions in a case?

Why do supreme Court justices often write concurring and or dissenting opinions in a case? When they right opinion, there is full responsibility for everything on it. One might say the same thing about someone who concurs. What are the special courts?

How to use “concurring opinion” in a sentence?

Mr Justice Frankfurter wrote a concurring opinion.

  • In a concurring opinion,Judge Newman said yes.
  • Concurring opinion: opinion written by a judge agreeing with the majority’s conclusion but not its reasoning.
  • What is a concurring or dissenting opinion?

    A concurring opinion is one that agrees with the outcome reached by the majority but disagrees with the reason. A dissenting opinion disagrees with the majority. Neither are binding precedent. A plurality opinion is written when there is no majority, and it’s based on the outcome most agreed upon.

    How does a dissenting opinion differ from a concurring opinion?

    A concurring opinion is written by a justice who agrees with the outcome reached by the majority, but who came to that conclusion in a different way and wants to write about why. A dissenting opinion is written by a justice who disagreed with the majority and wants his disagreement known and explained. Neither are binding decisions.

    What is concurring opinion?

    Definition of Concurring Opinion. Noun. A written opinion filed by a judge which agrees with the majority decision, but which expresses his or her different reasons for the decision, or a different view of the facts of the case, or of the law.