We appreciate your visit to Judge Smith an appellate judge reviewing a tort case agrees with the majority of the court s opinion but for different reasons Judge Smith should. This page offers clear insights and highlights the essential aspects of the topic. Our goal is to provide a helpful and engaging learning experience. Explore the content and find the answers you need!
Answer :
Final answer:
Judge Smith should write a concurring opinion because she agrees with the majority decision but for differing reasons.
Explanation:
If Judge Smith agrees with the majority decision in an appellate tort case but has different reasons for her agreement, she should write a concurring opinion. This is a type of opinion that is written by a judge who agrees with the outcome of a case but wants to express different reasons from those provided in the majority opinion. A dissenting opinion is written by a justice who disagrees completely with the majority, while the majority opinion represents the views of the majority of justices. To reach a decision, there must be at least five of the nine justices in agreement, unless there's a tie due to vacancy, absence, or abstention, where the lower court's decision stands.
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