Legal opinion
The examples and perspective in this article may not represent a worldwide view of the subject. (November 2021) |
Legal and judicial opinions |
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In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.
Opinions are in those jurisdictions usually published at the direction of the
Memorandum opinion
Not every case decided by a higher court results in the publication of an opinion; in fact, many cases do not, since an opinion is often published only when the law is being interpreted in a novel way, or the case is a high-profile matter of general public interest and the court wishes to make the details of its ruling public.[citation needed]
In the majority[
Legal opinions of counsel or government law officers
In the United Kingdom and other common law countries, a legal opinion also refers to written legal advice on a point of law issued by either a barrister or advocate (often referred to as "counsel's opinion") or occasionally a senior government law officer, such as an attorney general. Where the opinion is given by a foreign lawyer or foreign law firm it is usually referred to as a 'foreign legal opinion'.
The latter form of opinion is sometimes made available to the public either because of public pressure (see for example
Several areas of commercial practice call for formal legal opinions of counsel. The
Legal opinion in commercial transactions
In commercial transactions, particularly in the context of financing, the lender will require an opinion as to the corporate capacity of the borrower and enforceability of the transaction documents the borrower is intended to enter into. This type of opinion is generally issued by the borrower's counsel or the lender's counsel, depending on the ethical rule governing the issuance of those opinion applicable to the jurisdiction. When the subject company is from a foreign jurisdiction, the opinion will often be referred to as a foreign legal opinion.
See also
- Appellate court
- Case law
- Consilia – a historic medical opinion
- Law reports or reporters
- Memorandum opinion
- Judicial Genre
External links
- R. C. A. White, I. Boussiakou Separate opinions in the European Court of Human Rights
- Orin S. Kerr, How to read a legal opinion: A guide for new law students
References
- ^ https://www.law.cornell.edu/wex/opinion%7C Cornell.edu - Legal Opinion
- ^ https://www.law.berkeley.edu/wp-content/uploads/2015/07/How-to-Read-A-Legal-Opinion.pdf%7C Berkeley University - Legal Opinion