FACTOID # 21: 15% of Army recruits from South Dakota are Native American, which is roughly the same percentage for female Army recruits in the state.
 
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Encyclopedia > Dissenting opinion

A dissenting opinion is an opinion of one or more judges in an appellate court expressing disagreement with the majority opinion. By definition, a dissent is the minority of the court. This article does not cite its references or sources. ... A judge or justice is an official who presides over a court. ... It has been suggested that this article or section be merged into Appeal. ... Majoritarianism is a political philosophy or agenda which asserts that a majority (sometimes categorized by religion, language or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. ... The definition of a minority group can vary, depending on specific context, but generally refers to either a sociological sub-group that does not form either a majority or a plurality of the total population, or a group that, while not necessarily a numerical minority, is disadvantaged or otherwise has...


A dissenting opinion cannot create binding precedent because the holding in the opinion is not the holding of the court in the case. Therefore the dissent's holding does not create case law. However, dissenting opinions are sometimes cited as persuasive authority when arguing that the holding should be limited or overturned. In some cases, a dissent in an earlier case is used to spurn a change in the law, and a later case will write a majority opinion for the same rule of law cited by the dissent in the earlier case. Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ... This page meets Wikipedias criteria for speedy deletion. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ...


Unlike a concurring opinion, the dissent does not agree with the judgment and would have ruled opposite the majority. This can be for any number of reasons: a different interpretation of the case law, use of different principles, or a different interpretation of the facts. Dissents are written at the same time as the majority opinion, and are often used to disprove the reasoning used by the majority. Supreme Court Justice Antonin Scalia is a frequent writer of dissents, and uses them to make comments regarding the majority opinion; Justice Sandra Day O'Connor was a frequent target of Scalia's dissenting opinions. In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the opinion of the majority of the court but might arrive there in a different manner. ... A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... Antonin Gregory Scalia (born March 11, 1936) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ...


A dissent in part is a dissenting opinion which disagrees only with some specific part of the majority holding. In decisions that require multi-part holdings because they involve multiple legal claims or consolidated cases, judges may write an opinion "concurring in part and dissenting in part."


See also


  Results from FactBites:
 
Boston.com / News / Local / Mass. / Excerpts: The dissenting views (927 words)
Dissenting opinion of Justice Francis X. Spina: What is at stake in this case is not the unequal treatment of individuals or whether individual rights have been impermissibly burdened, but the power of the Legislature to effectuate social change without interference from the courts.
Reduced to its essence, the court's opinion concludes that, because same-sex couples are now raising children, and withholding the benefits of civil marriage from their union makes it harder for them to raise those children, the State must therefore provide the benefits of civil marriage to same-sex couples just as it does to opposite-sex couples.
Conspicuously absent from the court's opinion today is any acknowledgment that the attempts at scientific study of the ramifications of raising children in same-sex couple households are themselves in their infancy and have so far produced inconclusive and conflicting results.
  More results at FactBites »

 
 

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