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:
“I do not hesitate to say, that those who call themselves Abolitionists should at once effectually withdraw their support, both in person and property, from the government of Massachusetts, and not wait until they constitute a majority of one, before they suffer the right to prevail through them. I think that it is enough if they have God on their side, without waiting for that other one. Moreover, any man more right than his neighbors constitutes a majority of one already.”
—Henry David Thoreau (18171862)
“I am gradually drifting to the opinion that this Rebellion can only be crushed finally by either the execution of all the traitors or the abolition of slavery. Crushed, I mean, so as to remove all danger of its breaking out again in the future.”
—Rutherford Birchard Hayes (18221893)