opinion

A document prepared by an attorney for his client, embodying his understanding of the law as applicable to a state of facts submitted to him for that purpose; e.g. an opinion of an attorney as to the marketability of a land title as determined from a review of the abstract of title and other public records. The statement by a judge or court of the decision reached in regard to a cause tried or argued before them, expounding the law as applied to the case, and detailing the reasons upon which the judgment is based. An expression of the reasons why a certain decision (the judgment) was reached in a case.

A majority opinion is usually written by one judge and represents the principles of law which a majority of his colleagues on , the court deem operative in a given decision; it has more precedential value than any of the following. A separate opinion may be written by one or more judges in which he or they concur in or dissent from the majority opinion.

A concurring opinion agrees with the result reached by the majority, but disagrees with the precise reasoning leading to that result.

A dissenting or minority opinion disagrees with the result reached by the majority and thus disagrees with the reasoning and/or the principles of law used by the majority in deciding the case.

A plurality opinion is agreed to by less than a majority as to the reasoning of the decision, but is agreed to by a majority as to the result.

A per curiam opinion is an opinion "by the court" which expresses its decision in the case but whose author is not identified.

A memorandum opinion is a holding of the whole court in which the opinion is very concise.

In accounting, a document prepared by a certified public accountant regarding the audited financial statements of an entity.

There are four types of opinions:

Unqualified opinion: The financial statements are presented fairly in accordance with generally accepted accounting principles (GAAP) and are presented in a manner consistent with the prior year. An unqualified opinion is considered a clean opinion.

Qualified opinion: The financial statements are presented fairly in accordance with GAAP applied on a basis consistent with the prior year, "except for" a particular transaction, or "subject to" a certain event.

Disclaimer opinion: The CPA is unable to render an opinion on the financial statements due to insufficient competent evidential matter.

Adverse opinion: The financial statements are not presented fairly in conformity with GAAP, or do not present fairly the financial position, results of operation, and changes in the financial position of the entity. An adverse opinion is uncommon and generally results when the CPA is unable to convince the client to present the financial statements fairly and in conformity with GAAP.

See also adverse opinion

See also audit (audit opinion).

See also advisory opinion

- letter ruling

- majority opinion

- opinion evidence or testimony

- plurality

- slip opinion

- title opinion

- unqualified opinion.

@ opinion testimony

@ opinion evidence

@ opinion evidence or testimony

opinion evidence or testimony

Evidence of what the witness thinks, believes, or infers in regard to facts in dispute, as distinguished from his personal knowledge of the facts themselves. The rules of evidence ordinarily do not permit witnesses to testify as to opinions or conclusions. An exception to this rule exists as to "expert witnesses". Witnesses who, by education and experience, have become expert in some art, science, profession, or calling, may state their opinions as to relevant and material matter, in which they profess to be expert, and may also state their reasons for the opinion.

@ opinion by expert witness

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. Fed.Evid. Rule 702.

See also expert testimony

- expert witness.

@ opinion by lay witness

If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are

(a) rationally based on the perception of the witness and

(b) helpful to a clear understanding of his testimony or the determination of a fact in issue. Fed.Evid. Rule 701

@