Opinion

Opinion
"Legal Lexicon":
OPINION - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment.
A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.
Such an opinion ought to be a perfect syllogism, the major of which should be the law; the minor, the fact to be decided and the consequence, the judgment which declares that to be conformable or contrary to law.
Opinions are judicial or extra-judicial; a judicial opinion is one which is given on a matter which is legally brought before the judge for his decision; an extra-judicial opinion, is one which although given in court, is not necessary to the judgment.; and whether given in or out of court, is no more than the prolatum of him who gives it and has no legal efficacy.
practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion.
The counsel should as far as practicable give, 1. A direct and positive opinion, meeting the point and effect of the question and separately, if the- questions proposed were properly divisible into several. 2. The reasons, succinctly stated, in support of such opinion. 3. A reference to the statute, rule or decision on the subject. 4. When the facts are susceptible of a small difference in the statement, a suggestion of the probability of such variation. 5. When some, important fact is stated as resting principally on the statement of the party interested, a suggestion ought to be made to inquire how that fact is to be proved. 6. A suggestion of the proper process or pleadings to be adopted. 7. A suggestion of what precautionary measures ought to be adopted.
evidence. An inference made, or conclusion drawn, by a witness from facts known to him,
In general a witness cannot be asked his opinion upon a particular question, for he is called to speak of facts only. But to this general rule there are exceptions; where matters of skill and judgment are involved, a person competent, particularly to understand such matters, may be asked his opinion, and it will be evidence. For example, an engineer may be called to say what, in his opinion, is the cause that a harbor has teen blocked up. A ship builder may be asked his opinion on a question of sea-worthiness.
Medical men are usually examined as to their judgment with regard to the cause of a person's death, who has suffered by violence. Professional men are, however, confined to state facts and opinions within the scope of their professions, and are not allowed to give opinions on things of which the jury can as well judge.
The unwritten or common law of foreign countries may be proved by the opinion of witnesses possessing professional skill.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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  • opinion — [ ɔpinjɔ̃ ] n. f. • v. 1190; lat. opinio, de opinari → opiner I ♦ 1 ♦ Manière de penser, de juger; attitude de l esprit qui tient pour vraie une assertion; assertion que l esprit accepte ou rejette (généralement en admettant une possibilité d… …   Encyclopédie Universelle

  • opinion — et advis, Sententia. Opinion et jugement, Opinio. L opinion et sentence d aucun qui n est pas parfaite, et laisse beaucoup de choses qu il debvoit dire, Curta sententia. L opinion des fols est estimée du populaire, Valet in vulgus insipientium… …   Thresor de la langue françoyse

  • opinion — opin·ion /ə pin yən/ n 1 a: a belief stronger than impression and less strong than positive knowledge b: a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare …   Law dictionary

  • opinion — UK US /əˈpɪnjən/ noun ► [C] a thought or belief about something or someone: an opinion on sth »What s your opinion on Britain joining the Euro? have/hold an opinion »She has strong opinions on how people should dress for work. express/give your… …   Financial and business terms

  • opinion — Opinion. s. f. Avis de celuy qui opine sur quelque affaire mise en deliberation. Prendre les opinions. aller aux opinions. les Juges sont aux opinions. il y avoit trois opinions. il a esté de l opinion d un tel. il appuya son opinion de plusieurs …   Dictionnaire de l'Académie française

  • Opinion — «Opinion» Canción de Nirvana Box set With the Lights Out Publicación noviembre de 2004 …   Wikipedia Español

  • opinion — opinion, view, belief, conviction, persuasion, sentiment are comparable when they mean a more or less clearly formulated idea or judgment which one holds as true or valid. An opinion is a more or less carefully thought out conclusion concerning… …   New Dictionary of Synonyms

  • Opinion — O*pin ion, n. [F., from L. opinio. See {Opine}.] 1. That which is opined; a notion or conviction founded on probable evidence; belief stronger than impression, less strong than positive knowledge; settled judgment in regard to any point of… …   The Collaborative International Dictionary of English

  • opinión — sustantivo femenino 1. Idea o concepto particular que se tiene sobre una persona o sobre una cosa: Mi opinión es que no debemos hacerle caso. He escuchado varias opiniones sobre el tema. 2. (no contable) Uso/registro: restringido. Fama o… …   Diccionario Salamanca de la Lengua Española

  • opinion — [ə pin′yən, ōpin′yən] n. [ME opinioun < OFr < L opinio < opinari, to think, akin to optare, to select, desire: see OPTION] 1. a belief not based on absolute certainty or positive knowledge but on what seems true, valid, or probable to… …   English World dictionary

  • opinion — (n.) c.1300, from O.Fr. opinion (12c.), from L. opinionem (nom. opinio) opinion, conjecture, what one thinks, from stem of opinari think, judge, suppose, opine, from PIE *op to choose (see OPTION (Cf. option)). Where there is much desire to learn …   Etymology dictionary

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