What is a concurring opinion in law?
Q: What is a concurring opinion in law?
A: A concurring opinion is 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 for the decision.
Q: What is the purpose of a concurring opinion?
A: The purpose of a concurring opinion is to give a different perspective on the decision made by the majority of the court and to sometimes add comments.
Q: What happens when no absolute majority of the court can agree on the basis for deciding a case?
A: When no absolute majority of the court can agree on the basis for deciding a case, the decision of the court may be contained in a number of concurring opinions.
Q: What is a plurality opinion?
A: The concurring opinion joined by the greatest number of judges is called the plurality opinion.
Q: Are concurring opinions binding precedent in common law?
A: No, concurring opinions are not binding precedent (common law) and cannot be cited as such.
Q: Can concurring opinions be cited as a form of persuasive precedent?
A: Yes, concurring opinions can sometimes be cited as a form of persuasive precedent (assuming there is no binding precedent already in effect).
Q: How can a conflict in views between a majority opinion and a concurring opinion assist a lawyer?
A: A conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law in the majority opinion.
