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Precedent precedentprecedent

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Which excerpt from Tinker v. Des Moines shows how precedent helps support an argument?

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Q: When Justice Fortas refers to Keyishian v. Board of Regents in the majority opinion for Tinker v. Des Moines which kind of reasoning is he using to support his argument?
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Continue Learning about American Government

Why would a Supreme Court justice write a concurring opinion?

A Supreme Court justice may choose to write a concurring opinion when he or she agrees with the majority decision, but wants to add perceptions or legal reasoning not addressed, or not addressed to that justice's satisfaction, in the majority opinion (opinion of the Court).


What document did justice black criticize as part of his argument in the dissent?

the majority opinion. -apex


When Justice Black refers to Giboney V. Empire Storage and Ice Co. In the dissenting opinion for Tinker V. Des Moines which kind of reasoning is he using to support his argument?

precedent


Must the Chief Justice of the United States be a member of the majority decision of the Court in order for it to be valid?

The Chief Justice's decision on a case carries the same weight as the other justices. And yes, it must be a majority opinion for the ruling to stand, but the Chief Justice does not have to agree.


Who assigns writing opinions to the justices?

The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached.The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the verdict.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.For more information about Supreme Court opinions, see Related Links, below.

Related questions

A justice who voted with the majority might express the reasoning in a?

concurring judgment A concurring judgment is one in which the reasoning is different, but not the end result. (A dissenting judgment, however, is one that differs in the result from that of the majority.)


Why would a Supreme Court justice write a concurring opinion?

A Supreme Court justice may choose to write a concurring opinion when he or she agrees with the majority decision, but wants to add perceptions or legal reasoning not addressed, or not addressed to that justice's satisfaction, in the majority opinion (opinion of the Court).


When a justice agrees with the majority decision but for differing reasons he or she might write a?

concurring opinion. In a concurring opinion, a justice expresses agreement with the outcome reached by the majority but provides their own reasoning or interpretation of the law. This allows the justice to emphasize specific points or provide alternative legal analysis.


When Justice Black makes reference to Cox v. Louisiana in the dissenting opinion for Tinker v. Des Moines which kind of reasoning is he using to support his argument?

Precedent


When Justice Black makes references to Cox v. Louisiana in the dissenting opinion for Tinker v. Des Moines, which kind of reasoning is he using to support his argument?

Precedent


When justice black makes references to Cox v. Louisiana in the dissenting opinion for Tinker v. Des Moines which kind of reasoning is he using to support his argument?

Precedent


What document did justice black criticize as part of his argument in the dissent?

the majority opinion. -apex


When Justice Black refers to Giboney V. Empire Storage and Ice Co. In the dissenting opinion for Tinker V. Des Moines which kind of reasoning is he using to support his argument?

precedent


What is an opinion written by a US Supreme Court justice who agrees with the minority opinion?

The term "minority opinion" is a bit unorthodox, considering those who vote against the majority may not be unified in their reasoning. When a Supreme Court justice wants to express disagreement with the opinion of the Court (usually the majority), he or she may write a dissenting opinion. It is not necessary for the dissenting justice to agree with anyone else on the Court.


A state or federal appellate courts published opinion is know as?

This is known as written opinion (the legal reasoning behind a decision). It is written from the senior justice involved in the majority (so it is also the majority opinion). Others may write concurring opinions to support a decision for different reasoning, and dissenting opinions are written if some people are against the decision.


What is a minority opinion?

The term "minority opinion" is a bit unorthodox, considering those who vote against the majority may not be unified in their reasoning. When a Supreme Court justice wants to express disagreement with the opinion of the Court (usually the majority), he or she may write a dissenting opinion. It is not necessary for the dissenting justice to agree with anyone else on the Court. No one uses the term "minority opinion."


If the chief justice is not in the majority when a case is decided the responsibility for opinion assignment rests with who?

most junior justice on the Court. most senior associate justice in the majority. chief justice, as in other cases. most senior associate justice in the minority. solicitor general.