A dissenting opinion has precedential value, meaning that it must be followed by

Question

A dissenting opinion has precedential value, meaning that it must be followed by other courts. True False

Question 2 On review of a trial court decision, an appellate court may do all of the following EXCEPT:

consider new evidence when deciding whether the trial court's opinion was correct

affirm the trial court's decision

reverse the trial court's decision

send the case back to the trial court with instructions as to further proceedings

Question 3 A legal realist believes that:

judges are more influced by their personal beliefs than established rules

judges should consider race, social class, cultural differences and economic status of the parties when deciding cases

judges main objective is to promote stability in the law judicial efficiency should never take precedence over

judicial stability

Question 4 In a bench trial, disputed facts are determined by the judge and the jury.

True False

Question 5 A complaint is filed by the defendant in a lawsuit. True False

Question 6 The holding of a case is:

the application of the law to the particular facts of the case

always found in the majority opinion

the general gist of what the case

is about is persuasive authority to lower courts in the same jurisdiction

Question 7 Although the United States has a common law system, this is an example of a body of law where the legislature has codified laws to ensure uniformity: Uniform Commercial Code

torts

private property rights

Corpus Juris Civlis

Question 8 The U.S. Constitution expressly gives certain powers to the federal government and reserves all other rights to the states. True False

Question 9 Which of the following is NOT a rule of statutory construction:

An unfair law should be interpreted so that it is fair to all people

the main goal of a court is to discover the legislative's intent

a statute is open to interpretation only when the language is ambiguous

a statute should not be inteterpreted more broadly than the terms require

Question 10

The doctrine that requires lower-level courts to follow legal precedents that have been established by higher-level courts is called:

stare decisis

ex post facto

certiori

de novo

Explanation / Answer

A dissenting opinion can definitely have a precedential value but that does not mean it must be followed by the other courts too. Here’s why.

1. An opinion whether precedential or not is contextual and hence may not necessarily apply to all other cases.

2. An opinion having an approval by one court can definitely be considered for reference by another court but is in no way binding to the judgment.

Ans2. On review of a trial court’s decision, an appellate court may only do the following

consider new evidence when deciding whether the trial court's opinion was correct

affirm the trial court's decision

reverse the trial court's decision

Except: send the case back to the trial court with instructions as to further proceedings

Because there is no such provision under the law. The higher court/ appellate court can either upheld/reverse or change the decision but would not send back the case to the trial court with instructions as to further proceedings.

Ans3. A legal realist believes that the judge’s main objective should be to promote stability in the law judicial efficiency should never take precedence over judicial stability. For them, the act of balancing is more important for both the parties in the interest of justice. They are of the opinion that there should be some arbitrary line that needs to be created to settle the case for the act of balancing.

Ans4. In a bench trial, the nature of disputed facts is determined by the jury. As the bench presides over the case instead of a single judge, therefore all the rights are with the jury itself. This includes but is not limited to determination of disputed facts.

Ans5. False. A complained in a lawsuit is never filed by the defendant as he/she is the accused. The complaint is always filed by the plaintiff on basis of which the lawsuit takes place and the charges are framed against the accused/defendant.

Ans6. The holding of a case is the application of the law to the particular facts of the case always found in the majority opinion. Basically, this can be used as a reference of opinion by the other courts in case of the same law and same facts to construe a judgment.

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