Navigating the complexities of legal citation can be daunting, but understanding how to cite concurrent and dissenting opinions in ALWD is crucial. These opinions, issued alongside majority judgments, offer valuable insights into legal reasoning and can strengthen your arguments. This guide provides expert tips for citing concurrent and dissenting opinions accurately and effectively, ensuring your legal writing meets the highest standards of professionalism and clarity. By following these guidelines, you can seamlessly incorporate these opinions into your work, bolstering your credibility and demonstrating a thorough understanding of the legal landscape.
Tips on Citing Concurrent and Dissenting Opinions
To ensure your legal writing adheres to the highest academic standards, proper citation of concurrent and dissenting opinions is vital. Here’s a comprehensive guide to help you navigate this process:
Concurrent Opinions
- When citing a concurrent opinion that agrees with the majority opinion on the outcome of a case but offers different reasons, use the following structure:
- Name of the judge who wrote the opinion
- “Concurring”
- Case name
- Volume and reporter abbreviation
- Page number of the specific portion of the opinion being cited
Example:
Justice Smith, Concurring, Smith v. Jones, 567 N.E.2d 123 (1990), at 132.
Dissenting Opinions
- When citing a dissenting opinion that expresses disagreement with the majority opinion, use the following structure:
- Name of the judge who wrote the opinion
- “Dissenting”
- Case name
- Volume and reporter abbreviation
- Page number of the specific portion of the opinion being cited
Example:
Justice Johnson, Dissenting, Johnson v. Brown, 678 S.E.2d 456 (2003), at 462.
Using Bluebook Abbreviations
- When citing using Bluebook abbreviations, follow the capitalization rules for the relevant jurisdiction. For example, in the above examples, “Concurring” and “Dissenting” would be capitalized in federal courts and lowercase in most state courts.
Citing Multiple Opinions
- When citing multiple concurrent or dissenting opinions in a single sentence, separate them with semicolons and order them by the judge’s seniority.
Example:
Justice Rodriguez, Concurring; Justice Thompson, Dissenting, Rodriguez v. Martinez, 789 F.3d 1011 (9th Cir. 2015).
Table of Concurrent and Dissenting Opinions
The following table summarizes the key differences between concurrent and dissenting opinions:
| Characteristic | Concurrent Opinion | Dissenting Opinion |
|---|---|---|
| Agreement with Majority | Agrees with the outcome but offers different reasoning | Disagrees with the outcome |
| Format | “Concurring” | “Dissenting” |
| Placement in Case | After majority opinion | After majority opinion |
| Function | Expands on majority opinion | Challenges majority opinion |
Question 1:
How to cite concurrent and dissenting opinions in legal writing?
Answer:
To cite concurrent and dissenting opinions, follow these steps:
-
For the first citation, cite the majority opinion first, followed by the concurring and dissenting opinions.
-
For subsequent citations, cite only the concurring or dissenting opinion you are referencing.
-
Use the following formats:
-
Majority opinion: Case Name (Majority Op., Ct. of Appeals, Date)
-
Concurring opinion: Case Name (Concurring Op., Ct. of Appeals, Date)
-
Dissenting opinion: Case Name (Dissenting Op., Ct. of Appeals, Date)
-
Question 2:
What is the difference between a concurring and dissenting opinion?
Answer:
Concurring opinion: An opinion that agrees with the majority opinion on the outcome of the case, but provides different reasoning or additional arguments.
Dissenting opinion: An opinion that disagrees with the majority opinion on the outcome of the case and provides alternative reasoning or arguments.
Question 3:
Why is it important to cite concurrent and dissenting opinions?
Answer:
Citing concurrent and dissenting opinions is important because it:
-
Provides a comprehensive understanding of the court’s reasoning and legal analysis.
-
Demonstrates a thorough understanding of the legal issues involved.
-
Shows respect for the judicial process and the different perspectives of the judges.
Well, there you have it, folks! These tips should help you navigate the tricky world of citing concurrent and dissenting opinions like a pro. Remember, the key is to be consistent, accurate, and thorough. And don’t forget to take advantage of all those free resources out there! Thanks for reading, and be sure to come back later for more legal fun.