Question

question 33 (multiple choice worth 3 points)
(02.07r lc)

what does it mean if a judge has a concurring opinion?

the judges unanimously agree on one decision, and all have the same opinion.
the judge agrees with the majority and the minority opinions and cannot pick a side.
the judge disagrees with the majority and the minority opinions, but for different reasons.
the judge agrees with either the majority or minority opinion, but for different reasons.

Explanation:

Define concurring opinion

A concurring opinion is written by a judge who agrees with the majority's ultimate decision or ruling but wishes to express different or additional legal reasoning.

Evaluate the given options

• Option 1 describes a unanimous opinion, where all judges agree on both the decision and the reasoning.
• Option 2 is incorrect because a judge cannot agree with both opposing sides simultaneously.
• Option 3 is incorrect because a concurring opinion requires agreement with the majority's ultimate decision, not disagreement with both.
• Option 4 correctly states that the judge agrees with the majority (or minority, in some contexts of joining a dissent's result but for different reasons, though typically it refers to agreeing with the majority decision) but for different legal reasons.

Answer:

• The judges unanimously agree on one decision, and all have the same opinion.
• The judge agrees with the majority and the minority opinions and cannot pick a side.
• The judge disagrees with the majority and the minority opinions, but for different reasons.
• The judge agrees with either the majority or minority opinion, but for different reasons. (Correct answer)