Question

If a justice dissents in a case, what is he or she doing?

a. offering no opinion in the case
b. agreeing with the ruling
c. disagreeing with the majority
d. abstaining from the decision-making process

Answer 1

A justice who dissents is expressing disagreement with the majority decision of the Court through a dissenting opinion, which provides an alternative legal perspective and reasoning.

Step-by-step explanation:

If a justice dissents in a case, he or she is disagreeing with the majority decision of the Court. The dissenting opinion is an important document because it provides insight into the justice's reasoning and legal arguments against the majority's conclusion. Justices in the minority often write dissenting opinions to express why they disagreed with the majority, and these opinions can influence future legal thinking and decisions, potentially leading to an overturning of precedent. Dissenting opinions help to showcase the decision-making process within the Court, underscoring the fact that judicial decisions are not always unanimous. Any justice who disagrees with the majority opinion may write a separate dissenting opinion. When a justice agrees with the outcome but not the majority's reasoning, he or she may write a concurring opinion. This shows that the Court's deliberation process can yield various perspectives, each carefully articulated in written opinions.