Legal opinion

Legal opinion is a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the reasoning and legal principles for the ruling. Legal opinions are usually published at the direction of the court, and to the extent they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent.

Types of Legal Opinions

There are several types of legal opinions, including:

• Advisory opinions: These are given by a court or a judge on a legal issue that is hypothetical, or which has not yet arisen in a case. They are often sought by legislatures or government agencies to avoid spending time and resources on a legal challenge.

• Concurring opinions: These are written by one or more judges expressing agreement with the majority opinion of the court but wishing to provide different or further reasoning.

• Dissenting opinions: These are written by one or more judges expressing disagreement with the majority opinion of the court.

• Plurality opinions: These are written by the largest number (but less than half) of judges agreeing on the outcome of a case, but not all agreeing on the reasoning.

• Per curiam opinions: These are unsigned and written for the court as a whole.

Importance of Legal Opinions

Legal opinions are important for several reasons. They provide guidance to lower courts, to lawyers, and to the public about how the court interprets the law and the Constitution. They also provide a record of the court's decisions, and they can serve as precedent in future cases.

Criticism of Legal Opinions

Some critics argue that legal opinions can be overly complex and difficult for non-lawyers to understand. Others argue that judges sometimes use legal opinions to make law, rather than simply interpret it.

See Also

• Case law
• Stare decisis
• Legal precedent
• Judicial activism
• Judicial restraint