False. A decenting decision must be rooted in law, and should have sources and citations to back its validity. A judge can absolutely use a decenting decision, based in case law, in determining his ruling.
Consider the fact that the US Supreme Court has "overruled" its own cases over 100 times and that there were probably "dissenting opinions" in many of the underlying cases, the merit of which may have only appeared later.
I have often cited dissenting opinions to make a point in a legal brief, especially where the cases are split across different jurisdictions and my jurisdiction has routinely followed the dissenting line from other courts...
Answers & Comments
Verified answer
False. A decenting decision must be rooted in law, and should have sources and citations to back its validity. A judge can absolutely use a decenting decision, based in case law, in determining his ruling.
Consider the fact that the US Supreme Court has "overruled" its own cases over 100 times and that there were probably "dissenting opinions" in many of the underlying cases, the merit of which may have only appeared later.
I have often cited dissenting opinions to make a point in a legal brief, especially where the cases are split across different jurisdictions and my jurisdiction has routinely followed the dissenting line from other courts...
There is no such thing as a decenting decision. It is dissenting. Now that you can spell it, I bet you can find it in the index of your textbook.