Paralegal Advanced Competency Exam (PACE) Practice Exam

What is a dissenting opinion?

1. An agreement with the majority opinion

2. A legal opinion that summarizes case facts

3. An opinion that outlines disagreement with the majority

4. A recommendation for future cases

The correct answer is: An opinion that outlines disagreement with the majority

A dissenting opinion is a written statement by one or more judges expressing disagreement with the majority opinion of the court. This type of opinion highlights the reasons why the dissenting judge believes the majority's conclusion is flawed or incorrect. Dissenting opinions serve important functions within the judicial process; they can influence future legal interpretations, provide a different perspective on the case's issues, and contribute to the development of law by outlining alternative legal reasoning. To clarify the context of the other options: an agreement with the majority opinion signifies alignment with the prevailing view, which does not apply in this case. A legal opinion summarizing case facts does not reflect a dissenting view but rather a neutral articulation of the facts leading to the court's decision. A recommendation for future cases is not directly related to a dissenting opinion, which primarily focuses on expressing disagreement rather than advising future court actions. Therefore, the correct definition of a dissenting opinion is accurately represented by the option that describes it as an expression of disagreement with the majority ruling.