However, the rationale may be referred to in subsequent cases, but it does not have the same precedential authority as an opinion written by a majority of the Court.
An appeal is available if a party is dissatisfied with the outcome at the trial level. Common reasons for an appeal include claims that the trial proceedings were unfair or that the trial judge incorrectly applied the law. The appellate courts do not retry cases or hear new evidence.
They review the trial court record to make sure that the proper law was applied and that the proceedings were fair. The party seeking an appeal in this case, the government is called an appellant or petitioner. The responding party in this case, Alvarez is known as an appellee or respondent.
Each side presents written arguments, called briefs, to the appellate court. Others interested in the case may seek permission to file an amicus curia friend of the court brief. Parties who are not satisfied with the decision of a lower court must petition the Supreme Court of the United States to hear their case. Parties ask the Court to grant a writ of certiorari, which means that the Supreme Court orders a lower court to send the record of the case for its review.
According to the Supreme Court's rules, four of the nine Justices must vote to accept a case. The Court accepts of the more than 7, cases that it is asked to review each year. If the Justices decide to accept a case grant certiorari or grant cert , the case is scheduled on the docket.
The last judge, Justice I, agrees that the plaintiff should win. However, she disagrees with Judges A-D as to why the plaintiff should win. She writes a concurring opinion in which she explains that the plaintiff should win, but for different reasons. Now, the plaintiff has won on appeal.
Five justices agree with him. But only four justices agree with why he should win. Four is less than half of nine, therefore, there is no majority opinion. Instead, we have a plurality opinion. Justices A-D wrote the plurality opinion because they wrote the opinion of the majority of the judges who favored plaintiff.
Justice I wrote a concurring opinion in which she agreed with the plurality but for a different reason. Justices E — H wrote a dissenting opinion, in which they disagreed with the other justices on the Court. You must be logged in to post a comment. Username or Email Address. Remember Me. Facebook Twitter RSS. What is a plurality opinion? Plurality Opinion: A Majority of the Judges on an Appellate Court Panel do not Agree on the Same Reasoning As discussed in the video below, at the appellate level in the United States, judges sit on a panel — — meaning more than one judge presides.
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