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- A concurring opinion is an opinion that agrees with the majority opinion but does not agree with the rationale behind it. Instead of joining the majority, the concurring judge will write a separate opinion describing the basis behind their decision.
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What is a concurring opinion?
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A concurring opinion is an agreement with the majority but not the rationale. Learn how concurring opinions are not binding but can be persuasive, and see a case example.
- Definition of Concurring Opinion
- Concurring and Dissenting Opinion
- Use of Concurring Opinions
- Precedent Setting Concurring Opinion
- Dissenting Opinion
- Related Legal Terms and Issues
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Noun 1. 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. Definition of Concur Verb 1. A group of people acting together to achieve a common result 2. To express agreement Origin 15th century Midd...
Although most people focus on the actual outcome of a Supreme Court or appellate court decision, the fact is, opinions matter. When a Supreme Court justice writes a concurring opinion, it signals he agrees with the ultimate decision made by the majority of the court, but not with the reasons the decision was reached. The justice writes his own rati...
Attorneys often refer to majority opinions in the course of trying a case, which provides precedent, or a legal standard by which similar cases have been decided. Because they do not express the opinion of the majority of the court, concurring opinions are not legally binding, and cannot be referred to as such. Concurring opinions can, however, off...
The 1944 matter of Escola v. Coca-Cola Bottling Co.was brought before the Supreme Court to decide whether the Escola, the maker of bottles filled by Coca-Cola Bottling Co., should be held liable for an injury caused by an exploding faulty bottle. While the majority opinion of the Supreme Court upheld the lower court’s decision that Escola should pa...
While the majority opinion in a Supreme Court matter becomes binding law, any issue may result in a split decision. A justice who does not agree with the majority may still write an opinion, called a “dissenting opinion,” explaining why he does not agree, or how the case might be seen differently if the facts were slightly different. Once again, th...
Concurring– Of the same opinion; in agreement.Opinion – A statement prepared by a court or judge announcing the decision at the end of a trial.Binding– Having power to bind or oblige; imposing an obligation.Dissent– To express an opinion not in agreement with the commonly or officially expressed opinion; to differ in opinion; to withhold assent; to disagree.Learn what a concurring opinion is, how it differs from a majority opinion, and why it matters in legal cases. Find out how concurring opinions can create persuasive precedent, influence policy, and be used as a tool for research.
Definition of "concurring opinion". It is an opinion given by a judge who agrees with the outcome of a case, but may not agree with the logic or methods used to arrive at that decision. How to use "concurring opinion" in a sentence.
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 (or additional) reasons as the basis for their decision.
Concurring opinion definition: (in appellate courts) an opinion filed by a judge that agrees with the majority or plurality opinion on the case but that bases this conclusion on different reasons or on a different view of the case.. See examples of CONCURRING OPINION used in a sentence.
May 4, 2022 · Learn the basic parts and elements of a U.S. Supreme Court opinion, including concurring opinions, and how to read them effectively. Find out the facts, legal issues, disposition, law, and significance of each case.
A concurring opinion is a statement by a judge who agrees with the decision but not the reasoning of the majority opinion. Learn about the history, purpose and examples of concurring opinions in the Supreme Court of the United States.
