A dissenting opinion can be important because __________. a. it represents the position of the Chief Justice of the Supreme Court b. it often forms the basis of the arguments used later to reverse the majority opinion in a similar case c. it means that the case cannot be used as a precedent d. it is the statement of the defendant's attorney to the Court e. in criminal law it must be carried out by local police
Solución de tutoría real
Respuesta rápida
b. it often forms the basis of the arguments used later to reverse the majority opinion in a similar case
Solución paso a paso
Analyze the options:
a: Incorrect, as the dissenting opinion can be written by any justice, not necessarily the Chief Justice.
b: Correct, as dissenting opinions can influence future legal thinking and decisions.
c: Incorrect, because a case can still be used as a precedent even if there is a dissenting opinion.
d: Incorrect, as a dissenting opinion is written by a judge, not the defendant's attorney.
e: Incorrect, as this is not related to dissenting opinions in the judicial context.
Supplemental Knowledge:
A dissenting opinion in a court case is written by one or more judges expressing disagreement with the majority opinion of the court. This can be significant for several reasons:
1. Historical Record and Future Influence: Dissenting opinions provide a detailed record of alternative legal reasoning and perspectives. They can influence future legal thinking and may become the basis for overturning or modifying existing laws.
2. Legal Debate and Development: Dissents contribute to the ongoing legal debate, encouraging a more thorough examination of the issues at hand.
3. Public Awareness and Understanding: They help inform the public about different viewpoints within the judiciary, fostering a better understanding of complex legal issues.
Real-Life Connections:
Consider landmark cases like "Plessy v. Ferguson" (1896), where Justice John Marshall Harlan voiced strong objections against legal segregation of public schools. Although his argument did not prevail at the time, its lessons laid important groundwork for future cases like Brown v. Board of Education (1954) which ultimately overturned "Plessy" and ended legal segregation within public education systems.
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