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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.
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.
An appeal against the assessment by BP to the County Court was dismissed, as was an appeal to the Supreme Court of Victoria.The Supreme Court held that under the Local Government Act the Shire of Hastings could only validly make an agreement with a particular ratepayer for specified land, and not any person who might subsequently become the ratepayer.
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 ...
What is a deficiency judgment in real estate? In foreclosure cases, a deficiency judgment is a court order allowing a lender to collect the remaining mortgage balance when the proceeds from the ...
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 ...
Seal of the Supreme Court of the United States. The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted."