Answer: A lawyer trying to understand why a particular Supreme Court justice is often agreed with the court's rulings, but not the reasoning behind them, should study that justice' Concurring Opinion.
Full Answer
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.
A supreme court justice who believes strongly in judicial restraint would most likely agree with which statement? The supreme court's rulings should reflect the exact text of the Constitution rather than justices' own beliefs.
What do Supreme Court justices do? Supreme Court justices hear oral arguments and make decisions on cases granted certiorari. They are usually cases in controversy from lower appeals courts. The court receives between 7,000 and 8,000 petitions each term and hears oral arguments in about 80 cases.
“Majority opinion” is a judicial opinion that is joined by more than half the judges deciding a case. “Concurring opinion,” or concurrence, is the separate judicial opinion of an appellate judge who voted with the majority.
Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States.
The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional.
to be more fully informedA type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
The most common way for a case to reach the Supreme Court is on appeal from a federal circuit court, which itself is a court of appeals. So one of the parties would be appealing the decision reached on appeal.
Example of Certiorari Granted: Roe v. Wade, the Supreme Court faced a thorny legal issue. One of the Court's rules for granting certiorari requires that the appellant, the person or persons appealing the case, have "standing" to do so—meaning that they would be directly affected by the Court's decision.
The term "opinions," as used here, refers to several types of writing by the Justices. The most well known are the opinions of the Court announced in cases in which the Court has heard oral argument. Each sets out the Court's judgment and its reasoning.
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.
Opinions of the California Supreme Court and the Courts of Appeal are public record, whether published or unpublished. Opinions of the California Supreme Court establish precedent that must be followed by all California appellate and superior courts.