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Judicial opinion

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may contain corrections not appearing in the bench opinion. Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed slip opinion pamphlets. Moreover, a slip opinion is replaced within a few months by a paginated version of the case in the preliminary print, and—one year after the issuance of that print—by the final version of the case in a
277:. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several 251:
The "slip" opinion is the second version of an opinion. It is sent to the printer later in the day on which the "bench" opinion is released by the Court. Each slip opinion has the same elements as the bench opinion—majority or plurality opinion, concurrences or dissents, and a prefatory syllabus—but
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A 2011 peer-reviewed research paper suggested that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions, such as the timing of a parole hearing in relation to the judges' meal breaks. However, a re-examination of the data found that these conclusions
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are those issued by a court or administrative body or panel that do not dispose of a particular case. They often address a general issue or matter, or are issued in a case that is being heard outside their jurisdiction. They are not issued for the purposes of deciding a particular case before the
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may not be accepted. A memorandum opinion may be issued where the law is so clearly defined that no purpose would be served by issuing an explanation as to why the law requires a certain disposition of the case before the court. In appellate courts, a memorandum opinion may indicate that the judges
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Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes when judicial positions are vacant or a judge has recused himself or herself from the case, the court may be stuck with a tie, in which case the lower court's decision will be affirmed without
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An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is
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should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case will write a majority opinion for the same rule of law formerly cited by the dissent. The dissent may disagree with the majority for any number of reasons: a different
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bound volume. In case of discrepancies between the print and electronic versions of a slip opinion, the print version controls. In case of discrepancies between the slip opinion and any later official version of the opinion, the later version
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interpretation of the case law, use of different principles, or a different interpretation of the facts. They are written at the same time as the majority opinion, and are often used to dispute the reasoning behind the majority opinion.
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may be written, none of which is actually the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the
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usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The
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is one rendered by the court (or at least, a majority of the court) acting collectively and anonymously. In contrast to regular opinions, a
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does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed.
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Opinions may also be issued in ways that limit the amount of authority that they have as precedents for future cases. In
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reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the
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A unanimous opinion is one in which all of the justices agree and offer one rationale for their decision.
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in part" to easily identify which parts they join with the majority, and which sections they do not.
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of a proposed act or policy (often in response to a request by one of the other branches government)
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helping determine the law governing a case before a court in a different jurisdiction where the
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hearing the appeal find no error in the opinion being appealed to be worthy of comment.
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helping define how government rules and regulations are intended to be administered.
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available is considered inadequate to dispose of the questions the case presents.
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is a judicial opinion agreed to by more than half of the members of a
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Supreme Court of the United States information page on slip opinions
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in the course of resolving a legal dispute, providing the
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Weinshall-Margel, Keren; Shapard, John (2011-10-18).
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issues slip opinions with the following disclaimer:
330: 46:. Unsourced material may be challenged and removed. 511:Danziger, S.; Levav, J.; Avnaim-Pesso, L. (2011). 403:Some circumstances where they are issued include: 300:. However, they are cited from time to time as a 632: 504: 576:Proceedings of the National Academy of Sciences 517:Proceedings of the National Academy of Sciences 479: 335:A majority opinion in countries which use the 347:by later courts. In some courts, such as the 261: 191: 386: 370:in a particular case. Depending upon local 513:"Extraneous factors in judicial decisions" 198: 184: 605: 587: 546: 528: 431:had been based on erroneous assumptions. 343:. Such decisions can usually be cited as 106:Learn how and when to remove this message 475: 473: 633: 470: 426:Factors influencing judicial opinions 313:comment by an equally divided court. 44:adding citations to reliable sources 15: 339:system becomes part of the body of 237: 13: 349:Supreme Court of the United States 245:Supreme Court of the United States 14: 657: 626: 331:Interaction with the body of law 234:used to arrive at the decision. 20: 31:needs additional citations for 563: 488: 458: 304:when arguing that the court's 1: 480:Bryan A. Garner, ed. (2001). 451: 296:nor does it become a part of 646:Common law legal terminology 360:United States legal practice 7: 446:Poetry in judicial opinions 434: 10: 662: 641:Judicial legal terminology 262:Types of judicial opinions 387:Non-adjudicative opinions 589:10.1073/pnas.1110910108 530:10.1073/pnas.1018033108 482:Black's Law Dictionary 407:helping determine the 259: 249: 302:persuasive authority 40:improve this article 400:court in question. 279:concurring opinions 500:Michigan v. Fisher 494:For examples, see 397:certified question 378:of the opinion as 364:memorandum opinion 290:dissenting opinion 156:Memorandum opinion 151:Concurring opinion 141:Dissenting opinion 55:"Judicial opinion" 523:(17): 6889–6892. 496:Bobby v. Van Hook 409:constitutionality 294:binding precedent 283:plurality opinion 208: 207: 146:Plurality opinion 127:judicial opinions 116: 115: 108: 90: 653: 627:External links 620: 619: 609: 591: 567: 561: 560: 550: 532: 508: 502: 492: 486: 485: 477: 468: 462: 393:advisory opinion 271:majority opinion 238:Drafting process 212:judicial opinion 200: 193: 186: 136:Majority opinion 118: 117: 111: 104: 100: 97: 91: 89: 48: 24: 16: 661: 660: 656: 655: 654: 652: 651: 650: 631: 630: 629: 624: 623: 568: 564: 509: 505: 493: 489: 478: 471: 463: 459: 454: 437: 428: 389: 333: 264: 240: 204: 125: 112: 101: 95: 92: 49: 47: 37: 25: 12: 11: 5: 659: 649: 648: 643: 628: 625: 622: 621: 562: 503: 487: 469: 456: 455: 453: 450: 449: 448: 443: 441:Judicial panel 436: 433: 427: 424: 423: 422: 419: 412: 388: 385: 332: 329: 263: 260: 239: 236: 224:judicial panel 206: 205: 203: 202: 195: 188: 180: 177: 176: 175: 174: 166: 158: 153: 148: 143: 138: 130: 129: 114: 113: 96:September 2016 28: 26: 19: 9: 6: 4: 3: 2: 658: 647: 644: 642: 639: 638: 636: 617: 613: 608: 603: 599: 595: 590: 585: 581: 577: 573: 566: 558: 554: 549: 544: 540: 536: 531: 526: 522: 518: 514: 507: 501: 497: 491: 483: 476: 474: 466: 461: 457: 447: 444: 442: 439: 438: 432: 420: 417: 416:jurisprudence 413: 410: 406: 405: 404: 401: 398: 394: 384: 381: 377: 373: 369: 365: 361: 356: 354: 350: 346: 342: 338: 328: 326: 322: 320: 314: 310: 307: 303: 299: 295: 291: 286: 284: 280: 276: 272: 267: 258: 255: 254:U. S. Reports 248: 246: 235: 233: 229: 225: 221: 218:written by a 217: 216:legal opinion 214:is a form of 213: 201: 196: 194: 189: 187: 182: 181: 179: 178: 173: 171: 167: 165: 163: 159: 157: 154: 152: 149: 147: 144: 142: 139: 137: 134: 133: 132: 131: 128: 123: 120: 119: 110: 107: 99: 88: 85: 81: 78: 74: 71: 67: 64: 60: 57: â€“  56: 52: 51:Find sources: 45: 41: 35: 34: 29:This article 27: 23: 18: 17: 582:(42): E833. 579: 575: 565: 520: 516: 506: 490: 481: 460: 429: 402: 390: 357: 334: 324: 318: 315: 311: 287: 268: 265: 250: 241: 211: 209: 169: 161: 102: 93: 83: 76: 69: 62: 50: 38:Please help 33:verification 30: 635:Categories 452:References 353:dissenting 337:common law 325:per curiam 319:per curiam 162:Per curiam 66:newspapers 598:0027-8424 539:0027-8424 345:precedent 257:controls. 616:21987788 557:21482790 435:See also 380:case law 376:citation 368:judgment 341:case law 321:decision 298:case law 228:decision 170:Seriatim 607:3198355 548:3084045 374:rules, 306:holding 172:opinion 164:opinion 80:scholar 614:  604:  596:  555:  545:  537:  82:  75:  68:  61:  53:  372:court 275:court 222:or a 220:judge 122:Legal 87:JSTOR 73:books 612:PMID 594:ISSN 553:PMID 535:ISSN 498:and 362:, a 124:and 59:news 602:PMC 584:doi 580:108 543:PMC 525:doi 521:108 395:or 391:An 232:law 42:by 637:: 610:. 600:. 592:. 578:. 574:. 551:. 541:. 533:. 519:. 515:. 472:^ 316:A 288:A 285:. 269:A 210:A 618:. 586:: 559:. 527:: 467:. 199:e 192:t 185:v 109:) 103:( 98:) 94:( 84:· 77:· 70:· 63:· 36:.

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Supreme Court of the United States
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