In law, “expert opinion” primarily refers to a judicial opinion, which is the written statement of a court explaining the court`s decision in the case. The notice usually contains the following elements: name of the judge who wrote the opinion, statement of facts, related legal issues, reasoning and position of the court, and dicta. A statement prepared by a judge or court to announce the decision after the hearing of a case; a summary of the facts, a statement of the applicable law and its relationship to the facts, the reasons for the decision and a judgment; and is usually submitted in writing, but sometimes an oral opinion is made. In law, a legal opinion in some jurisdictions is a written statement from a judge or group of judges that is attached to an order or judgment in a case setting out the reasons and legal principles for the judgment. Opinions are normally published in these jurisdictions at the request of the court, and to the extent that they contain statements about what the law is and how it should be interpreted, they reinforce, modify, set or remove a precedent. If a court decides that a notice must be published, the notice may be included in a volume of a series of books called Law Reports (or journalists in the United States). Published court opinions are also collectively referred to as case law and represent one of the most important sources of law in common law legal systems. The majority of court notices are not published for publication. Those published by the courts are collected in law books called journalists. Every state has at least one reporter who contains the opinions of its courts, and the nation has several journalists who contain the opinions of the federal courts. The term “expert opinion” as used here refers to various types of judicial writing. The final section of a majority or majority opinion is the judgment of the court.
The judgment is the court`s official decision on the rights and claims of the parties and resolves the dispute between them. This may be a final decision or refer the case back to a lower court for further consideration. A judgment may be entirely in favour of one party or partly in favour of one party and partly in favour of another party. It may be a simple confirmation or annulment of the decision of a lower court, or it may confirm on some issues, revert to others and take pre-trial detention in still others. After these credentials, most journalists insert a summary of the facts and decision. In addition, some journalists classify the legal issues applied by the court into individual paragraphs, called main notes, which help the reader extract and analyze each legal concept discussed. The summary and top notes are written by the journalist`s editor for the convenience of the reader and are not part of the court`s opinion. Finally, the text of the opinion is presented. It usually begins with the name of the judge who wrote it. If the words per curiam or by the court appear here, they mean that the court has decided not to designate a single judge as the author. If the opinion is called a memorandum of opinion, it is usually a concise opinion of the entire court.
A court notice can be as short as a few sentences or as long as several hundred pages. During these arguments, the judge or court may make observations or express opinions that do not contribute to the final decision on the merits. These statements are called dicta and have no binding or previous force. After discussing the facts and applicable law, the notice announces participation, which is the principle(s) derived from the notice. Only the operation is binding in subsequent cases. In commercial transactions, particularly in the context of financing, the lender requires expert advice on the viability of the borrower and the enforceability of the transaction documents that the borrower must conclude. This type of assessment is generally provided by the borrower`s lawyer or the lender`s advisor, according to the ethical rule that applies to the delivery of these expertises applicable to the jurisdiction. If the company in question is from a foreign country, the opinion is often referred to as a foreign legal opinion. In the United Kingdom and other common law countries, a legal opinion also refers to written legal advice on a point of law issued either by a lawyer or solicitor (often referred to as a “lawyer`s opinion”) or, occasionally, by a senior judicial officer, such as an Attorney General. If the opinion is given by a foreign lawyer or law firm, it is generally referred to as “foreign legal advice”. The cases are named after the parties involved. If there are two parties, the first name is the plaintiff or the party bringing the action against the second party, the defendant.
Sometimes business names do not contain two parts, such as cases whose names contain In re or Ex parte. In re is a Latin term meaning “in matter” and is usually used in cases where there are not two opposing parts named. These may be property disputes, court orders or situations in which the Court of Justice is asked to clarify questions, such as: In re Debs. In this example, Debs challenged an injunction or court order issued by the federal government during a labor strike. The term is also used in some cases by young people, such as: In re Gault. All opinions are then compiled and printed in the United States Reports, the official publication of the Court. Electronic versions of the bound volumes will be published on this site. At the beginning of the notice, the court briefly provides information about the facts of the case and the issues related to the case. It then describes the applicable legal rules and explains how they relate to the facts of the case.
To determine the applicable law, the court first looks for the relevant laws. If the action is not regulated by law, the court relies on previous decisions in similar cases or precedents. If it is a first impression, that is, there is no law or precedent governing the case, the court bases its opinion on similar decisions and its own reasoning. All published opinions have a similar format. At the top of each page of the rapporteur is the name of the journalist, preceded by the volume number. In the upper outer corner of the page is the page number. The volume, the name of the journalist and the page number form the citation used to locate or refer to the opinion. This quotation may be abbreviated; For example, the quote “100 Cal. Rptr. 600” is an abbreviation for opinion that appears on page 600 of volume 100 of The California Reporter.
