Legal opinion in the context of "Barrister"

⭐ In the context of a Barrister, a Legal_opinion is considered…

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⭐ Core Definition: Legal opinion

In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.

Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law.

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πŸ‘‰ Legal opinion in the context of Barrister

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.

Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa, Scandinavia, Pakistan, India, Bangladesh, and the Isle of Man, barrister is also regarded as an honorific.

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Legal opinion in the context of Jurisprudence constante

Jurisprudence constante (French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions such as Louisiana.

The rule of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis; however, "aseries of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeal has explicitly noted that within Louisiana, jurisprudence constante is merely a secondary source of law, which cannot be authoritative and does not rise to the level of the source of law, which is legislation. Judicial decisions are not intended to be an authoritative source of law, and, thus, the civilian tradition does not recognize the doctrine of stare decisis.

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Legal opinion in the context of Judicial opinion

A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.

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Legal opinion in the context of Law Latin

Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively referred to as Dog Latin, is a form of Latin used in legal contexts. While some of the vocabulary does come from Latin, much of it stems from English. Law Latin may also be seen as consisting of a mixture of English, French and Latin words superimposed over an English syntax.

Law Latin was the language in which the legal opinions of English courts were recorded at least until the reign of George II. Under his reign, the Proceedings in Courts of Justice Act 1730 (effective from 1733) mandated that all records of legal proceedings in England were to be made in English rather than Latin. Law Latin was also used as the language of writs, royal charters, letters patent and many other legal instruments. As late as 1867, Law Latin was still in use in England and Scotland for some legal instruments. In South Africa, knowledge of Latin was a requirement in order to join the General Council of the Bar in order to advocate in the courts until 1988 when it was abolished.

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Legal opinion in the context of Primary authority

In legal research, a primary authority is a term referring to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most important part of the process of legal research.

The term "primary authority" is used to distinguish primary authority materials from texts considered to be secondary authority.

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Legal opinion in the context of Attorneys in South Africa

In South Africa,Attorneys are lawyers who provide legal advice and representation to clients, aiding individuals and businesses in their legal dealings, and as required, handling related correspondence and writing up contracts.In litigious cases, or when an opinion is required, the attorney will "brief" an Advocate; see below.Attorneys usually specialise in one area, such as Family Law, Property Law, Tax Law, or Commercial law.

Attorneys may form professional firms and practice in partnerships, ranging in size to the "Big Five" law firms. The profession is regulated by the Attorneys Act, 1979 (Act No. 53 of 1979). There are currently around 21400 attorneys and 5000 candidate attorneys in South Africa, each of which are represented by the Law Society of South Africa (LSSA)

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Legal opinion in the context of Law report

A law report or reporter is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases.

Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the United States Reports. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes.

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