What does it mean if a judge has a concurring opinion?
Asked by: Carlie Gislason DVM | Last update: February 14, 2026Score: 4.1/5 (13 votes)
If a judge writes a concurring opinion, it means they agree with the final decision (the outcome) of the case but disagree with some or all of the reasoning used by the majority judges, offering their own separate explanation or emphasizing different legal points. While the decision stands, these opinions provide alternative legal views, can clarify the ruling, and serve as persuasive authority in future cases, though they aren't binding precedent like the majority opinion.
Why would a judge write a concurring opinion?
A justice may write one to influence the legal community's interpretation of the opinion for the Court. A concurring justice may seek to limit the implications or reach of the Court's decision or, conversely, may suggest that the opinion of the Court states too limited a rule of decision.
What is a concurring opinion in judgment?
Types of concurring opinions
Concurring in judgment means that the judge agrees with the majority decision (the case's ultimate outcome in terms of who wins and who loses) but not with the reasoning of the majority opinion (why one side wins and the other loses).
What does it mean if a judge has a concurring opinion on Quizlet?
A concurring opinion on the one hand is what a justice would write if they agree with the courts overall decision but for their own independent reasons. A Unanimous opinion on the other hand is what the court issues if all the justices are in agreement with the decision and the reasons for the decision.
Why do justices draft concurring opinions?
Concurring opinions are important because they provide insight into the diverse legal reasoning that can exist even among justices who agree on the outcome of a case. These opinions can help clarify certain legal points or highlight alternative interpretations that may influence future cases.
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In what situation would a justice most likely issue a concurring opinion?
A justice might write a concurring opinion if they agree with the decision of the court as it pertains to the outcome of the case but wants to explain an alternative legal reasoning behind the decision.
Are concurring opinions binding?
Concurring opinions are not binding since they did not receive the majority of the court's support, but they can be used by lawyers as persuasive material. There are some rare circumstances in which the concurring opinion eventually becomes law, such as in Escola v.
Which of the following best describes a concurring opinion?
If a Justice agrees with the outcome of the case, but not the majority's rationale for it, that Justice may write a concurring opinion.
Why do justices write concurring opinions on Quizlet?
The concurring opinion is written by a member of the majority side to emphasize a point that was not mentioned in the majority opinion. The concurring opinion is written to describe other reasons for reaching the majority decision.
What does it mean if a judge has a concurring opinion brainly?
A concurring opinion means that a judge agrees with the majority decision but has different reasons for that agreement. It provides additional insights or perspectives on the case without contradicting the majority opinion.
What are the three types of judicial opinions?
A majority opinion reflects the will of most of the justices. A plurality opinion reflects a vote in the same direction but for very different and contradictory reasons. A concurring opinion reflects a vote with the majority by one or more justices who disagree with the majority opinion's reasoning.
How much do Supreme Court justices make?
As of early 2025, the U.S. Supreme Court Chief Justice earns around $317,500, while Associate Justices earn about $303,600, with slight variations depending on the source and specific effective date, reflecting annual adjustments set by Congress. These figures represent significant increases over recent years, with salaries rising from the $274,200 (Associate) and $286,700 (Chief) in 2022.
What does concurrence in judgement mean?
A regular concurrence is when the justice agrees with the Court's opinion as well as its disposition. A special concurence (i.e., a concurence in the judgment) is when the justice agrees with the Court's disposition but not its opinion.
What does concurring opinion mean in court?
A concurring opinion is a type of judicial opinion that agrees with the decision made by the court but provides additional commentary or reasoning. Judges may use concurring opinions to explain their perspectives on the case, even if they arrive at the same conclusion as the majority.
What does it mean when a judge writes an opinion?
The judge will explain the ruling in a written document referred to as an <opinion. = The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other.
Can you write to Supreme Court justices?
Write an actual letter and not an email. Send the letter to each individual justice. They are: John G. Roberts, Jr., Sonia Sotomayor, Clarence Thomas, Samuel A.
What is a major difference between a majority opinion and a concurring opinion?
All opinions are binding: Only majority opinions set legal precedent. Dissenting opinions are irrelevant: They can influence future cases and legal thought. Concurring opinions are the same as dissenting opinions: Concurring opinions agree with the majority's outcome but differ in reasoning.
Why do justices write concurring opinions multiple choice questions?
Justices write a concurring opinion when they agree with the final outcome of a case (the majority decision) but want to express a different legal reasoning or emphasize specific points that the majority opinion did not fully address.
When all judges or justices agree on an opinion, the opinion is written for the entire court and is called a ____ opinion.?
Sometimes the majority opinion is a unanimous opinion, which means that all of the Justices agreed on the outcome and the reasoning. Ideological dissonance within the Court can make unanimity elusive in major cases. However, a famous example of a unanimous opinion is Brown v.
What is a concurring opinion quizlet?
The majority opinion is then elaborated as a supporting document from the Supreme Court where they state their official position and rationale behind supporting or overturning a lower's court decision. Concurring opinions: The judge agrees with the majority opinion while emphasizing additional legal reasoning.
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Can a president overturn a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Has the Supreme Court ever held someone in contempt?
They were held in contempt of court and sentenced to imprisonment. It remains the only criminal trial in the history of the Supreme Court. United States v. John F.
Can you fight a Supreme Court decision?
Any party may file a petition for review of any Court of Appeal order or decision, as California Rules of Court, rule 8.500(a) provides. The petition for review must be served and filed within 10 days after the Court of Appeal decision becomes final, as explained in California Rules of Court, rules 8.500(e) and 8.264.