dissenting opinion

Thân thiện

A judge writes a dissenting opinion in a legal document.

Definition

1. Noun:
   • A formal judicial opinion that disagrees with the majority decision: A "dissenting opinion" is a written opinion by a judge or justice in a court case who disagrees with the majority's reasoning, conclusion, or both, regarding the court's final judgment or disposition of the case.

Usage

• A "dissenting opinion" is a formal document within a court's published decision. It explains why the dissenting judge believes the majority is incorrect. While it does not change the outcome of the case, it can serve as a critique of the majority's legal reasoning and may influence future legal arguments or decisions.

Examples

• Noun:
  • The Supreme Court's ruling included a powerful dissenting opinion that argued for a broader interpretation of the constitutional right.
  • Justice Holmes wrote a famous dissenting opinion that later became the foundation for a new legal doctrine.
  • Law students often study dissenting opinions to understand different perspectives on complex legal issues.

Advanced Usage

• "To write a dissenting opinion": The act of formally authoring and publishing a disagreement with the court's majority.
  • She wrote a scathing dissenting opinion, criticizing the majority's logic as flawed.
• "To file a dissenting opinion": To formally submit and record the dissenting view alongside the court's official judgment.
  • Two justices filed a dissenting opinion in the landmark case.

Variants and Related Words

• Dissent (verb/noun): To hold or express a different opinion; the act of dissenting.
  • The judge chose to dissent from the majority view.
• Dissenter (noun): A person who dissents, especially a judge.
  • The dissenter in the case wrote a separate opinion.
• Majority Opinion (noun): The official opinion of the court, agreed upon by more than half of the judges, which states the decision and the legal reasoning behind it.
• Concurring Opinion (noun): An opinion written by a judge who agrees with the court's final decision but for different legal reasons than those stated in the majority opinion.

Synonyms

• Minority opinion: An opinion held by fewer than half of the judges.
• Disagreement: A general term for a difference of opinion.

Related Phrases

• "To note one's dissent": A formal statement indicating disagreement, which may be a brief notation or a full written opinion.
  • The justice noted her dissent without writing a full opinion.

Học thuật

Noun

1. an opinion that disagrees with the court's disposition of the case