OPINION (Lat. ()pinto, from opinari. to sup pose: connected with optare, to hope, apisci, Skt. de, to obtain) (of a court). A statement of the principles of law and legal reasons, which govern the court in reaching its decision in an action. It is usually handed down in writing. but may be delivered orally by a judge from the bench, in open court. When there are several opinions from several judges sitting together as a court, the opinion of the majority is the hnly one which has legal effect; and it is known as the 'opinion of the court' or the 'prevailing opinion.' The majority opinion usually contains, besides the reasons of the court, the application of the prin ciples of law therein enunciated to the particu lar case, and a direction as to its disposition, and therefore includes the decision. For this reason, an opinion and a decision are sometimes con fused, and an opinion is often defined as a written statement of the decision.
Where a judge in the course of an opinion expresses his views as to the law on some point which may he incidental to, hut is not necessarily involved in, the issues before him, such part of the opinion is said to he °biter dictum (Lat., out
side remark), or 'extra-judicial,' and has no abso lute binding effect as a statement of the law, although it may be referred to in an argument on a mooted point of law, as the individual opin ion of a learned judge. However, tint part of the opinion is necessary to .the conclusion of the court is deemed a statement of the law. which inferior courts are bonml to respect and follow. An opinion is a part of the record of a ease, and is the authority for the entry of judg ment.
The statutes of some States provide that cer tain public officers, such as the Governor, or a mayor of a city. may ask the courts for opinions on questions of law involving the ratline inter ests. For exapple, a Governor might ask for a judicial interpretation of an obscure statute creating a new public office. An opinion Ile. livered tinder such circumstances may be consid ered as law. Sec DECREE: JUDGMENT.