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:
“After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice, even as far as men understand it.”
—Henry David Thoreau (1817–1862)
“Escalus. What do you think of the trade, Pompey? Is it a lawful trade?
Pompey. If the law would allow it, sir.
Escalus. But the law will not allow it, Pompey; nor it shall not be allowed in Vienna.
Pompey. Does your worship mean to geld and spay all the youth of the city?
Escalus. No, Pompey.
Pompey. Truly, sir, in my poor opinion they will to’t then. If your worship will take order for the drabs and the knaves, you need not to fear the bawds.”
—William Shakespeare (1564–1616)