A dissented opinion is basically an opinion written by one or several judges expressing dissent towards the majority view of the court that produces its final judgment. This can also be called a minority report when not only referring to an existing legal ruling, but also to any other case where there has been some disparity in the way a particular law is applied. Such opinions have been seen often in criminal cases and sometimes in civil matters as well. Dissent is commonly referred to as “sphere” or “mind-set” because it is usually the point of view that is considered to be against the prevailing party or the law.
There are different types of dissent: The most common is what is known as an “unedited” dissent. In anuned dissent, there is no majority opinion expressed, but the views of the legal parties are still in disagreement. Ununed dissent is a dissident opinion but one that is not really influenced by the views of those on the bench. The last kind of dissent is what is commonly called a “concurring” opinion.
A dissenting opinion may be presented in two forms: One form is when the author of such an opinion does not actually believe in the result of a case. This is the rarest form of dissent. The second form of what is a dissenting opinion occurs when the author of such an opinion strongly believes in the outcome of a case. These are also very rare, especially if there are strong reasons for holding that result. In a dissent, the minority is appealing to the higher court, usually the supreme court, to produce a new legal precedent or rule.
In some cases, what is a dissenting opinion can lead to major changes in the law: For instance, if a Supreme Court decision is found to be invalid because it is past the statute of limitations, it has to be re-argued in front of a new court. If the majority in the lower court rules that a rule is already established, then it cannot be re-set. Dissent is not allowed to become part of the history of that case, and any facts or arguments used in the dissent cannot be used in the majority’s argument.
However, sometimes minority opinions are useful: If a lower court has ruled against a business owner on a discrimination basis, then the business owner may file a lawsuit to challenge the ruling in front of the same court. If a majority of lower court judges rule against the business owner, there will be two separate cases before two separate courts, and the minority can argue both cases. Sometimes a business owner files a suit to challenge a decision of a minority in a similar situation. The plaintiff (business owner) must file a complaint in the same court where the minority was denied its right to due process and fair representation under the law.
The minority, represented by an attorney: who writes what is a dissenting opinion, must first explain why the decision was wrong and must then sign a copy of their minority report with their legal pen. The purpose of this act is to prevent the judge or court from overruling the minority. It requires that any minority report be filed with the clerk of court within twenty-four hours after the court issues the decision. Once that paperwork has been received and approved, the clerk will ensure that the document is filed with the correct court.
There is no need to question what is a dissenting opinion as long as the party filing the complaint believes their version of events to be correct. However, it is always wise to read what is a dissenting opinion before signing anything.
