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concurring opinion

concurring opinion

2 7.9
A separate statement by a judge who agrees with the decision but gives different reasons
  • noun
  • /kənˈkɜrɪŋ əˈpɪnjən/
  • Jargon
translation icon : opinión concurrente
  • Justice Breyer, in his concurring opinion in Hamdan, encouraged Congress to authorize military commissions in whatever form it deems appropriate.
  • write a concurring opinion
  • file a concurring opinion
  • separate concurring opinion

Examples

  • Why were there no concurring opinions in Dickerson?

    Academic text (2001)
  • Justice Kennedy's concurring opinion in Brohl gives states hope.

    Academic text (2017)
  • Justice Kagan's concurring opinion can be read in one of two ways.

    Academic text (2017)
  • Secondary effects were introduced by Justice Souter's concurring opinion.

    Academic text (2016)
  • Justice Chin, in his concurring opinion in Dungo, sets out an approach I think is correct.

    Blog text (22)
  • Because no opinion commanded a majority, Justice Breyer's concurring opinion is the law of the case.

    Academic text (2009)
  • Justice Powell, in his concurring opinion in Witters, set forth these underlying principles succinctly:

    Academic text (1992)
  • Justice Stevens, joined by Justice Ginsburg, wrote a separate concurring opinion that largely embraced the majority's reasoning.

    Blog text (14)
  • In retrospect, Justice Kennedy’s concurring opinion in Brohl may well be identified as a watershed moment.

    Academic text (2017)
  • Justice Kagan's concurring opinion provides additional insights into the court's decision.

Synonyms

opinion
vsconcurring opinion
  • Formal
258 7.0

A written statement by a judge explaining why they decided a case

serves as the main court reasoning rather than a separate agreeing statement
legal opinion
vsconcurring opinion
  • Formal
7 6.1

A written statement by a judge or court explaining why they decided a case

adds a separate or additional reasoning while agreeing with the result

Antonyms

7 7.7

A written statement by one or more judges who disagree with the court's decision

How Much Agreement

unanimous
111 4.4
concurring opinion
  • Jargon
2 7.9
majority opinion
  • Formal
10 6.3

Surface Forms

Morphology

concurring + opinion

The meaning is directly compositional: 'concurring' (agreeing) combined with 'opinion' (a judge's written explanation) yields an opinion that agrees with the court's decision. While the finer legal nuance that the judge may add different or additional reasoning requires domain knowledge, the basic idea is immediately derivable from the constituents.

Etymology

The phrase concurring opinion comes from the courtroom: concurring means 'agreeing' and opinion means a judge's written view. So a concurring opinion is a judge's note that agrees with the decision but explains different or extra reasons.