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A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also ...
The arguments and reasoning of a dissenting judgment (the term used in the United Kingdom [14] also constitute obiter dicta. These, however, might also be cited should a court determine that its previous decision was in error, as when the United States Supreme Court cited Justice Oliver Wendell Holmes Jr.'s dissent in Hammer v.
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), commonly known as the Ghostbusters ruling, was a case in the New York Supreme Court, Appellate Division.The court held that a house, which the owner had previously advertised as haunted by ghosts, was legally haunted for the purpose of an action for rescission brought by a subsequent purchaser of the house.
In some cases, a previous dissent is used to spur a change in the law, and a later case will write a majority opinion for the same rule of law formerly cited by the dissent. The dissent may disagree with the majority for any number of reasons: a different interpretation of the case law, use of different principles, or a different interpretation ...
Dissenting judgments are not ratio, and so must be obiter. Sometimes, with the passage of time, more attention is given to the dissenting judgment that to the majority judgment. [8] [9] Scottish decisions (and decisions from the USA and common law jurisdictions in the Commonwealth) are, like obiter dicta, merely persuasive in England.
Sep. 18—The state Superior Court upheld a more than $130,000 judgment against an area real estate agent relating to the sale of his company. George Semian, former owner of Semian & Gress Real ...
Any judgment which reaches a conclusion which differs from the majority on one or more major points of the appeal has been treated as dissent. Because every judge in the court is entitled to hand down a judgment, it is not uncommon for 'factions' to be formed who reach the same conclusion in different ways, or for all members of the court to ...
In foreclosure cases, a deficiency judgment is a court order allowing a lender to collect the remaining mortgage balance when the proceeds from the sale of the property aren’t enough to pay off ...