Written by attorneys · grounded in primary & secondary sources — see below
A judicial opinion joined by more than half the judges on a panel or court. It states the holding that binds lower courts and future panels under principles of stare decisis.
Sources & Authorities· 38 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Attempt Liability After Overt Act
Ming Ma, after planning a bank robbery, purchased a gun and drove to the bank with the intent to commit the crime. Police arrested her before she entered. The appellate panel issued a majority opinion holding that her actions crossed into an overt act, so withdrawal provided no defense to attempt.
Risk of Loss on Buyer
Maurice Marshall contracted to buy a warehouse from Maria Morales. Before closing a fire destroyed the building. The appellate court issued a majority opinion applying equitable conversion and holding that the risk of loss had passed to the buyer at contract formation.
Presidential Election by Electors
After the electoral votes were counted, no candidate received a majority of electors. The House of Representatives convened to choose the President. The Supreme Court issued a majority opinion confirming that the House must select from the top candidates under the constitutional procedure.
Shareholders sued Meridian Motors directors for self-dealing. A committee of qualified directors recommended dismissal. The board approved by majority vote at a meeting with a quorum present. The appellate court issued a majority opinion upholding dismissal under the statutory procedure.
Age of Majority for Wills
Marcus Mitchell, age seventeen, executed a will leaving property to his siblings. After his death the probate court declared the will void because he had not reached the age of majority. On appeal the court issued a majority opinion affirming that the age of majority is eighteen.
Racial Gerrymandering Challenge
A state legislature drew district lines placing minority voters in certain districts to maximize majority-minority seats. Voters challenged the plan. The Supreme Court issued a majority opinion striking it down because race predominated over traditional districting principles.
Common questions
Frequently Asked
3
What makes an opinion the majority opinion?+
An opinion becomes the majority opinion when more than half the judges on the panel join it. That opinion then states the binding holding of the court.
Supporting sources
How does a majority opinion differ from a concurring or dissenting opinion?+
A majority opinion states the court's decision and rationale joined by the necessary number of judges. A concurring opinion agrees with the result but offers different reasoning. A dissenting opinion disagrees with the result.
Supporting sources
Why is only the majority opinion binding authority?+
Only the majority opinion reflects the decision adopted by more than half the judges. Lower courts must follow that holding under stare decisis while concurrences and dissents do not carry the same precedential weight.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…The facial invalidity of the Texas abortion laws does not require that all state abortion laws be invalidated. Pp. 166-167. Majority opinionOpinion of Blackmun, J. We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among…