Importance of Reading Dissenting

IMPORTANCE OF READING DISSENTING 3

Importanceof Reading Dissenting

Author’sName

Anyopinion in a court ruling is the written form of explanation of thedecision made by that specific court. The way an opinion is delivereddepends on the particular case and also the case at hand. Generally,not all the times an opinion is issued in a written form. Many arethe instances where the court issues an oral opinion straight fromthe bench. A written opinion is normally issued where the court hasthe feeling that the matter at hand is crucial and need to beexplained (Harr, Hess, &amp Orthmann, 2012). In all the cases, asingle judge is normally considered as the sole author of an opinion.

Amajority opinion happens in the presence of many judges issuingopinions, and a stand is taken on the majority of the judges. In theinstances of aunanimousopinion, the disagreeing judge issues a written opinion known as theminority opinion or dissenting opinion. On the other hand, aconcurring opinion is normally issued by a judge who stands with theagreement of the majority of judges but has a differing stand withthe minority opinion (Kanovitz, 2012). An opinion whether consideredbinding or not should be studied to enable one to form proper legaldecisions. It also helps one in understanding the whole legal processinvolved in deciding a case.

Readinga written opinion is normally considered a paramount step in thefoundation of any single case. It is crucial in assessing the valueof the opinion as precedent and helps the judge in making a ruling.From a lawyer’s perspective, reading a court opinion normally formsa basis of legal principle to be followed in similar cases. It is thefoundation of judicial precedent in courts of law. This concept helpsin relating similar cases in the event of making a concrete judgment(Kanovitz, 2012). An exposition found in reading opinions whetherbinding or not is paramount in the discipline of law as they act as acatalog to similar situations.

References

Harr,J. S., Hess, M. H., &amp Orthmann C. H. (2012).Constitutional lawand the criminal justice system (5th ed.). Belmont, CA: Wadsworth.

Kanovitz,J. R. (2012). Constitutionallaw.Waltham, MA: Anderson Publishing.