What is a dissenting opinion?
Q: What is a dissenting opinion?
A: A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court.
Q: How does a dissenting opinion affect case law?
A: A dissenting opinion does not create binding precedent nor does it become a part of case law. However, they can sometimes be cited as persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned.
Q: When are dissenting opinions delivered and published?
A: Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and they are also delivered and published at the same time.
Q: What did Chief Justice Charles Evans Hughes say about dissents?
A: Chief Justice Charles Evans Hughes stated in 1936 that "a dissent in a Court of last resort is an appeal".
Q: What reasons may lead to differences between dissents and majority opinions?
A: Differences between dissents and majority opinions can often highlight the precise holding of the majority opinion, and this difference may arise due to different interpretations of existing case law, different principles applied, or different interpretations of facts.
Q: Can previous dissents spur changes in laws?
A: Yes, in some cases a previous dissent can be used to spur change in laws; for example, later cases may result in a majority opinion adopting a particular rule of law formerly advocated in dissent.
