PLA 3309 Lecture Notes - Lecture 3: Precedent, En Banc, Plurality Opinion
6 Apr 2016
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The doctrine of stare decisis state that, when a court has set forth a legal principle, that court and all lower courts under it will apply that principle in future cases where the facts are substantially the same. The doctrine of constitutional law is that the rights specifically guaranteed in the bill of rights have penumbras creating other rights that are not specifically enumerated. Privacy is an example of penumbra right. There are at least two sides to every problem and the attorney represents the client"s best interest by arguing that authority favorable to the client"s case should be applied and that unfavorable authority is distinguishable. The type of opinion in a case is important. A majority opinion is an opinion agreed upon by at least a majority of judges deciding the case. Usually one judge writes the opinion and other judges who agree with the opinion join in it.
