Legal Definitions - opinion

In legal contexts, the term "opinion" most commonly refers to a formal written statement from a court or judge that explains the reasoning behind a legal decision in a particular case. It typically outlines the facts presented, the legal issues involved, the court's analysis of the law, and the final conclusion or ruling.

Beyond this primary meaning, "opinion" also encompasses several specific types of judicial statements and forms of testimony or legal analysis:

• Majority Opinion: This is the official decision of the court when more than half of the judges hearing a case agree on both the final outcome and the legal reasoning used to reach that outcome.
• Concurring Opinion: Written by a judge who agrees with the final outcome reached by the majority but has different legal reasons for doing so, or wishes to emphasize a particular point not fully addressed in the majority opinion.
• Dissenting Opinion: Authored by a judge who disagrees with the majority's decision and explains their reasons for disagreeing, often presenting an alternative legal interpretation or conclusion.
• Advisory Opinion: Unlike most judicial opinions, an advisory opinion is a court's non-binding statement interpreting the law. It does not resolve an actual legal dispute between parties but offers guidance, often requested by a government body.
• Per Curiam Opinion: This is a brief, unsigned judicial opinion issued under the name of the court as a whole, rather than attributed to a specific judge. These are often used for straightforward cases or when the court wants to present a unified, concise statement.
• Plurality Opinion: Occurs when no single opinion is joined by a majority of the judges, but one opinion receives more votes than any other. While it determines the outcome of the case, it may not establish binding legal precedent in the same way a majority opinion does.
• Opinion Evidence: This refers to testimony from a non-expert witness based on their personal observations, beliefs, or inferences, rather than direct, verifiable facts. For example, a witness stating that a person "looked angry."
• Expert Opinion: This is testimony provided by a witness who possesses specialized knowledge, skill, experience, training, or education in a particular field. An expert uses their specialized understanding to help the court or jury comprehend complex technical or scientific issues.
• Opinion Work Product: This refers to an attorney's confidential thoughts, strategies, mental impressions, conclusions, or legal theories developed while preparing for litigation. This type of information is highly protected and is almost never discoverable by the opposing side.

Examples:

• Example 1 (Judicial Opinion - Majority and Dissent): After hearing arguments in a landmark case concerning the legality of a new state voting law, the state's Supreme Court issues a majority opinion. This opinion, signed by five of the seven justices, meticulously explains why the new law is constitutional, citing relevant precedents and constitutional clauses. Two justices, however, write a separate dissenting opinion, arguing that the law unfairly disenfranchises certain groups of voters and violates fundamental rights, detailing their legal reasoning for disagreement.

  Explanation: This illustrates how a court's final decision is formally communicated through a written opinion, and how judges who disagree with the outcome can still articulate their legal arguments and interpretations.

• Example 2 (Expert Opinion vs. Opinion Evidence): In a personal injury lawsuit following a slip-and-fall incident at a grocery store, a customer testifies that the floor "felt incredibly slippery" and that the lighting "seemed dim." This is an example of opinion evidence from a lay witness, based on their personal sensory observations. Later, a forensic engineer, qualified as an expert in floor safety, provides an expert opinion that the store's flooring material, when wet, had a coefficient of friction below industry safety standards, explaining the technical basis for this conclusion.

  Explanation: This example highlights the difference between a non-expert's everyday observations and an expert's specialized, technical assessment, both of which are forms of "opinion" presented in court to help understand the facts of a case.

• Example 3 (Opinion Work Product): During the preparation for a complex intellectual property dispute, a lead attorney drafts a confidential memo for their legal team. In this memo, the attorney outlines their strategic assessment of the opposing party's legal arguments, their personal evaluation of the strengths and weaknesses of their own client's case, and their mental impressions regarding the credibility of potential witnesses. This internal document, containing the attorney's strategic thinking and analysis, would be considered opinion work product and would be highly protected from disclosure to the opposing side during the discovery phase of the lawsuit.

  Explanation: This demonstrates how an attorney's confidential strategic thinking, analysis, and personal assessments developed during litigation preparation are a form of "opinion" that receives special legal protection due to its sensitive nature.