how do judicial reviews in the majority opinion differ from those in the dissent

Question

the majority opinion uses the dissent as the basis of the argument
the majority opinion uses the cases with similar conclusions as support
the majority opinion uses lower courts decisions on the same case as evidence
the majority opinion uses summaris provided by the case attorneys

Answer 1

The majority opinion typically differs from the dissent in terms of its approach to judicial review. Here are the specific ways in which they may differ:

1. Basis of the argument: In the majority opinion, the judges who constitute the majority use their own reasoning and interpretation of the law as the basis of their argument. They may consider relevant legal precedents, constitutional principles, legislative history, or other elements to arrive at their conclusion. On the other hand, the dissenting opinion reflects the perspective of the judges who disagree with the majority. It may offer alternative interpretations of the law or argue for a different outcome based on legal principles.

2. Use of supporting cases: The majority opinion might rely on previous court decisions, referred to as legal precedents, to support their argument and justify their conclusion. These precedents generally have similar legal conclusions and provide a foundation for the majority's reasoning. In contrast, the dissent may either challenge the validity or relevance of those supporting cases or present alternative cases that support a contrary conclusion.

3. Consideration of lower court decisions: While preparing a judicial review, the majority opinion may discuss and analyze the decisions made by lower courts in the same case. They may either affirm or overturn the lower court's decision based on their interpretation of the law. The dissent might also analyze lower court decisions, but their disagreement with the majority's final ruling may lead them to interpret those decisions differently or place less significance on them.

4. Summaries provided by case attorneys: The majority opinion and the dissent might consider the arguments and summaries presented by the attorneys representing the parties involved in the case. These arguments help the judges understand the perspectives of each party and the legal issues at hand. However, it is important to note that the majority opinion, as the final ruling, may or may not rely heavily on these summaries, as the judges base their decision primarily on their own independent analysis and interpretation of the law. The dissenting opinion might also acknowledge the summaries but argue against the majority's reliance on them or provide alternative interpretations.