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majority v dissenting opinion?

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kblow

Registered User
What is the name of your state? Washington
Could someone elaborate on the weight or applicability of a dissenting opinion--using our Wa Supreme Court as an example.....say when three justices dissent.? or does the number dissenting matter? Would their dissent be citable?
thanks
 
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H

hexeliebe

Guest
or does the number dissenting matter?
Sure it does, to everyone who agrees with them.

Would their dissent be citable?
Sure it is, but it carries little or no weight.

The only decision that carries weight as precidence is the prevailing opinion and case law. While you may cite a dissenting opinion, it is just that, an opinion. Nothing more.
 

abezon

Senior Member
Dissenting opinions are useful only as persuasive authority (rhetoric) -- the dissenting judge(s) were so eloquent that we should follow their logic instead of the majority opinion. Dissenting opinions are more useful if the decision was close & the dissenting judges are all still on the bench, while some majority judges have been replaced with wild cards.
 

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