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Froogle 1.1.1.7
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Froogled By:
Elias Makere, FSA, MAAA
Last Froogled:

OPINION

the reason given for a court's judgment/finding/conclusion. This differs from the decision (which is the judgment itself).
CONCURRING OPINION: a view that is [largely] in accord with the majority opinion, but written to:
(a) express a somewhat different perception of the issues;

(b) to illuminate a particular judge's reasoning; or

(c) to expound a principle that he/she holds in high esteem.
An opinion that concurs "in the result only" is one that rejects the rationale/conclusions concerning the law (or the facts) on the basis of which the majority reached its decision. Moreover, it expresses a different view that has coincidentally led the judge/justice to recommend the same disposition (as was agreed upon by the majority).

DISSENTING OPINION: a view that either disagrees with
(a) the court's disposition of the case;

(b) the court's resolution of the facts;

(c) the court's material conclusions of law (ie, on the bases of which the court arrived at its decision); and/or

(d) the principles of law announced by the court (in deciding the case).
Opinions may also be written that express a dissent "in part".

EXPERT OPINION: see expert witness.

LAY OPINION: see lay witness.

MAJORITY OPINION: one that is joined by a majority of the court. Generally known as "the opinion".
this typically occurs when:
(a) the court is composed of multiple judges/justices; and

(b) more than one opinion has been written (in a given case)
As such, the opinion that expresses the view of the majority of the presiding judges – and thus announces the decision of the court – is referred to as the MAJORITY OPINION.
PER CURIAM OPINION: an opinion "by the court" (which expresses its decision without identifying the author).

PLURALITY OPINION: an opinion that – despite being agreed-to by less than a majority of the court – yields a result that is agreed-to by the majority. A plurality opinion carries less weight under stare decisis than does a MAJORITY OPINION (above).
Opinion also refers to the conclusions reached by a witness that are drawn from his/her observations of the facts.
"Unpublished opinions are not controlling authority and are persuasive only insofar as their legal analysis warrants"
Congratulations! You're now Froogled Up™ on what "Opinion" means!

Feel free to use it throughout your financial/insurance life.

Sincerely,



www.FroogleMe.com