Pursuant to the legal system, an opinion is a statement or judgment about an act or a matter. It may be strongly-held or have merit, but opinions are, by definition, non-binding. This means that while courts must consider opinions expressed in pleadings and verdicts, it is not required to defer to them as actual law.
Understandings of Opinion in Legal Proceedings
In the legal system, opinions are often offered in pleadings or verdicts by juries. Judges can also state their opinion on matters, but because their opinions are not binding, they may or may not be used to inform the case.
Although opinions expressed in pleadings or verdicts do not carry the weight of law, they can be very demonstrative in terms of what a legal entity or persons in a community think is right and just. Opinions can be persuasive to individuals or the meed of public opinion in a case.
Requirements for Opinion in Legal Proceedings
Opinions expressed in pleadings or verdicts must adhere to certain principles of law so as to not mislead the court. These principles require individuals or entities making the statement to have sufficient evidence or information to justify the opinion as fact. Factors such as the opinions of expert witnesses, or clearly argued lines of cause and effect, weigh heavily in the eyes of the court as valid opinion.
For opinions to be accepted as valid in a legal setting, they must stand on their own merit. They cannot rely solely on the opinions given by others. The opinion must be based in fact and follow applicable laws and precedents – otherwise, it may be seen as form of legal hearsay.
Clarifying Opinion in Common Language
Opinions, in legal speak, tend to be fluid and somewhat ambiguous. To clarify its definition, we can look at the definition from a common language perspective.
Simply stated, an opinion is a though or belief expressed by an individual or entity. It does not carry weight as law, but rather serves as insight or insight into what may have taken place or what is just in a situation.
Opinions can be expressed in a great many ways. They might come looks of disappointment when someone has been wronged, or thumbs up when something has been done with a degree of skill or finesse that can be appreciated. Similarly, in a court setting, opinions can be expressed by jury verdicts, or pleadings that point to unique perspectives or valid arguments for a case.
Legal Authority and Opinion
Ultimately, opinions must adhere to legal authority and legal precedents. It is not enough to simply express an idea or feeling. The opinion must respect established laws and judicial judgments so as to not mislead the court.
The legal system is complex and oftentimes opinions can be subjective. But it is important to recognize that while opinions can be persuasive, they must be based in facts and evidence and adhere to existing legal precedents.
At the end of the day, an opinion in the legal system is an idea or belief expressed by an individual or entity. It is not binding on the court, but it can be persuasive if based in fact and amply supported.