涉外文书

Opinion Writing

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  After the conference the justice who will write the Courts opinion begins work on an initial draft.Other justices may work on the case by writing alternative opinions.The com-pleted opinion is circulated to justices in both the majority and the minority groups.The writer seeks to persuade justices originally in the minority to change their votes,and to keep his or her majority group intact.A bargain-ing process occurs,and the wording ofthe opinion may be changed in order to satisfy other justices or obtain their support.A deep division in the Court makes it difficult to achieve a clear,coherent opinion and may even resultin a shift in votes or in another jus-tices opinion becoming the Court official ruling.

  In most cases a single opinion does obtain majority support,although few rulings are unanimous.Those who disagree with the opinion ofthe Courtare said to dissent.A dissent does not have to be accompanied by an opinion;in recent years,however,it usually has been.Whenever more than one justice dissents,each may write an opinion or all may join in a single opinion.

  On occasion a justice will agree with the Courts decision but differ in his or her reason for reaching that conclusion.Such a justice may write what is called a concurring opinion.An opinion labeled “concurring an dissenting” agrees with part of a Court ruling but disagrees with other parts.Finally,the Court occasionally issues a per curiam opinion an unsigne opinion that is usually quite brief.Such opinions are often used when the Court accepts the case for review but gives it less than full treatment.For ex-ample,it may decide the case without benefit of oral argument and issue a per curiam opinion to explain the dis-position of the case.

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