Majority Opinion

In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.

Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is actually the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.

Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes when judicial positions are vacant or a judge has recused himself or herself from the case, the court may be stuck with a tie, in which case the lower court's decision will be affirmed without comment by an equally divided court.

A majority opinion in countries which use the common law system becomes part of the body of case law.

In some courts, such as the Supreme Court of the United States, the majority opinion may be broken down into numbered or lettered sections. This allows judges who write an opinion "concurring in part" or "dissenting in part" to easily identify which parts they join with the majority, and which sections they do not.

Read more about Majority Opinion:  Style

Famous quotes containing the words majority and/or opinion:

    The majority of the men of the North, and of the South and East and West, are not men of principle. If they vote, they do not send men to Congress on errands of humanity; but while their brothers and sisters are being scourged and hung for loving liberty,... it is the mismanagement of wood and iron and stone and gold which concerns them.
    Henry David Thoreau (1817–1862)

    If in the opinion of the Tsars authors were to be the servants of the state, in the opinion of the radical critics writers were to be the servants of the masses. The two lines of thought were bound to meet and join forces when at last, in our times, a new kind of regime the synthesis of a Hegelian triad, combined the idea of the masses with the idea of the state.
    Vladimir Nabokov (1899–1977)