What is a dissenting opinion? A dissenter is usually defined as an individual who, apart from the party that he represents, opines in opposition to the party line of that person. Sometimes this opposition is expressed in a written document, as in a letter to the court or a submission in the form of written arguments. Sometimes it is expressed by oral expression, as in a speech or a publication. However, in most cases, it is an opinion based on fact and reasoning.
Dissenting opinions are not uncommon in American courts: A dissenting opinion is a view in some cases written by one or several judges expressing dissent with the majority view of that court that leads to its judgment being overruled by the higher court. This may be done for various reasons. The most common reason is one judge holding that a law violates the Constitution. In some cases, the high court may have decided a case without hearing all of the evidence necessary to justify its holding. In these cases, the dissenters must have presented their argument in the form of a written document with citations to authorities by which they support their claim of a miscarriage of justice.
Some jurisdictions require – that any dissent in a case be filed with its opinion in order to be considered. However, other jurisdictions allow for the filing of briefs with regard to a case, in which the briefs are entirely concerning the parties’ side of the case and there is no dissent included in the record. In this way, when deciding what is a dissenting opinion, the lower court is not under any obligation to include the dissent in its record. It may however indicate that the lower court lacks jurisdiction over the case, in which case the plaintiff would need to seek review from the Supreme Court.
Dissent is not limited to cases decided below the state or federal level: In many legal jurisdictions, a judge can issue a concurring opinion that may have nationwide effect. Such opinions are allowed because many lawyers feel it is important for the courts to take into account the views of lower courts on certain issues. Although some see this as a weakening of the role of the Supreme Court, it has been used in the past to avoid moot suits, where the same arguments could have been argued between different jurisdictions. Some of these cases have gone to the United States Supreme Court.
What is a dissenting opinion – is therefore not just an opinion that a judge is required to express. It is rather the views of lawyers who believe that the decision was wrong and should therefore be overturned. This is unlike a majority opinion, which simply refers to a court’s ruling as being the law. Dissent is a dissented view, which argues that the lower court was wrong in its factual conclusions or in the application of its legal logic. Depending on the jurisdiction, this could result in an award of damages or an appeal of the case, if it cannot be ruled on the grounds of fact.
Although most cases end up in a jury trial – there are some that do not. If a plaintiff files a complaint against another individual, and that person is willing to go to trial, then the defendant may choose to have the case tried by the justice court instead. If the defendant chooses not to go to trial, then either a majority opinion or a concurring opinion may be written by the justice court and sent back to the lower court for further proceedings. Dissent is only allowed in cases where there is a question of law, which is opposed to the views expressed by a majority of the justices.
There are a number of ways that the lower courts may implement a dissent, but they must make sure that a proper dissent has been submitted.
