Why do judges write opinions?
Asked by: Alejandra Jones | Last update: February 3, 2026Score: 4.5/5 (41 votes)
Judges write opinions to explain the why behind their decisions, providing transparency, establishing legal precedent, ensuring consistency, guiding future courts, and allowing public scrutiny, serving as the formal voice of the court to justify rulings on facts and law for parties, lawyers, and society. These written explanations act as public records, detailing the case's facts, legal issues, analysis, and final ruling, ensuring accountability and understanding of the judicial process.
What is the purpose of a judge's opinion?
Each opinion sets out the Court's judgment and its reasoning and may include the majority or principal opinion as well as any concurring or dissenting opinions. All opinions in a single case are published together and are prefaced by a syllabus prepared by the Reporter of Decisions that summarizes the Court's decision.
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.
What is the purpose of a written opinion?
The purpose of an opinion essay is to clearly articulate a position, often in response to a question. It's a writer's way of demonstrating both what they think and why they think it. Being able to express an opinion well is an important skill to have in the world.
Why is it important for judges to write opinions on cases?
An opinion educates the parties in the lawsuit and their lawyers about what the court found persuasive or unpersuasive in their arguments and evidence, and educates all readers about how the law applied to the facts.
Why Do Judges Write Dissenting Opinions In Court Cases? - Justice System Explained
What is the main purpose of opinion writing?
Opinion writing, also called persuasive writing, gives the author's point of view on a topic and uses personal experiences, feelings, and beliefs to convince the reader why their opinion is valid.
Who gets to decide who writes the opinion of the court?
After the votes have been tallied, the Chief Justice, or the most senior Justice in the majority if the Chief Justice is in the dissent, assigns a Justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting Justice to write the dissenting opinion.
Does opinion matter in court?
The opinion of the high court is its voice—the means to convey and explain to both legal and general audiences that the court listened, re- solved a legal dispute, impartially applied the law, and reached a fair and reasoned judgment.
What is a reason in opinion writing?
Opinions and Reasons – Definition
An opinion is how you feel or think about something. Reasons are why you feel or think that way! Together, they help to convince others why your opinion matters, and why you have that opinion.
What are 5 examples of opinions?
Five examples of opinions are: "Chocolate ice cream is better than vanilla," "Summer is the best season," "That politician is corrupt," "This food is too expensive," and "Dogs are more loyal pets than cats," all expressing personal feelings, beliefs, or judgments rather than objective facts.
What does a judge's written opinion usually contains?
The opinion usually contains the following elements: name of the judge who wrote the opinion, statement of facts, the legal issues implicated, the court's rationale and holding, and dicta.
Do all judges write opinions?
Judges may also turn to their clerks to help research relevant law or to draft parts of the opinion. Some judges may allow clerks to draft entire opinions, while they themselves contribute only a light editorial overview.
What are the three types of court opinions?
- Majority Opinion. The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
- Concurring Opinion. ...
- Dissenting Opinion. ...
- About Appeals.
Can a legal opinion be challenged?
Can opinion testimony be challenged in court? Yes, opposing parties can challenge the admissibility of opinion testimony based on its relevance and reliability.
Is an opinion the same as judging?
an opinion is something you have based on your past experiences. An opinion is a prejudice that you have on a situation. a judgment is something that you come to devoid of bias, it is based solely on the facts related to the matter, it is reached after thinking long and hard.
What is the psychology behind opinions?
The psychology of having an opinion isn't about right or wrong. It's about recognizing that most opinions aren't information—they're emotional expressions. They reveal where we're comfortable, where we're threatened, where we need to feel significant.
What is the purpose of opinion writing?
Argumentative, persuasive, or opinion text persuades the reader to agree with a particular point of view, by using evidence, logic, and reasoning to support the claims.
What are the 4 reasons for writing?
There are four purposes writers use for writing. When someone communicates ideas in writing, they usually do so to express themselves, inform their reader, to persuade a reader or to create a literary work.
Can you disagree with a judge?
You must file an appeal within 30 days from when the judge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.
What are the four types of opinions that the court can issue?
There are several types of court opinions that are used depending on unanimity in opinions and how many justices agree or disagree. These include majority opinions, plurality opinions, concurring opinions, per curiam opinions, and dissenting opinions.
Can judges decide issues of fact?
Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are. Findings of fact may be made by either a jury or a judge depending on whether the case is criminal or civil and/or if there is an agreement between the parties.
Who is more powerful, a judge or a prosecutor?
While judges have authority in the courtroom and over sentencing, prosecutors are generally considered more powerful because they control the initial charging decisions, plea bargains, and evidence disclosure, shaping the vast majority of criminal cases before they even reach a trial, giving them immense leverage over outcomes. Prosecutors decide who to charge, what to charge them with, and what plea deals to offer, often with limited public oversight, making them the most influential figures in the justice system.
Who has more power, a judge or a DA?
A District Attorney (DA) often wields more practical power in shaping criminal case outcomes than a judge, as DAs decide whether to file charges, what charges to file, and influence plea bargains and sentences, while judges primarily ensure legal fairness and have final say on sentencing, though their discretion can be limited by mandatory minimums, shifting power to prosecutors. Judges oversee proceedings and rule on legal matters, but the vast majority of cases end in plea deals where the prosecutor's initial charging decisions and plea offers are paramount.
Do judges have more power than the president?
Federal laws, for example, are passed by Congress and signed by the President. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. But judges depend upon the executive branch to enforce court decisions.