Writ of Certiorari Majority Opinion Concurring Opinion Dissenting

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By Nathan Velasquez
Writ of Certiorari
Definition - An order issued from a higher court to
a lower court to send up a case for review.
 These writs are important in government in cases
where they require a decision from S.C. Justices
that could potentially affect public policy or laws.
They were used in landmark cases such as
Gideon v. Wainwright.

Majority Opinion
An explanation behind the supreme court’s
decision. It’s written by a justice selected by either
the Chief Justice or senior justice who voted with
the majority.
 The majority opinions are written so that it can be
cited as precedent in future cases, such as in
Brown v. Board of Education. Using the majority
opinion of Plessy v. Ferguson to overturn the
separate but equal rule.

Concurring Opinion
Definition – An opinion written by one or more
justices who agree with the majority's conclusion
but for different reasons that they wish to express.
 Typically used in precedents, concurring opinions
are like supplements to the majority opinion in that
it provides additional views that are different from
the majority. In the TLO v Jersey case, Justices
Powell and O'Connor stated that while they
agreed with the Court's opinion, they felt that
students in school settings should not afford the
same level of protection for search and seizures
as adults in non-school settings.

Dissenting Opinion
Definition – An opinion written by the justices on
the losing side of a supreme court case.
 It presents a reason of the Justices that did not
agree with the majority so that may be accepted in
a future case. A famous example is Plessy v.
Ferguson. With the verdict of 7-1, Justice John M.
Harlan, wrote the dissenting opinion. The
dissenting opinion was then looked at in Brown v
Board of Education as a basis to overrule
Separate but Equal.

Importance of Precedent
Definition - Any past act, decision, or case that
serves as a guide or explanation for future cases.
 Any government legislation or document can be
used to overrule a decision, such as Hazelwood v.
Kuhlmeier, where the 1st amendment, rights and
responsibilities sheet and a couple court cases
were pulled to make the ruling for each time it was
tried.

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