In law, a legal opinion is in certain jurisdictions a written explanation by a

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

or group of judges that accompanies an order or ruling in a

case Case or CASE may refer to: Containers * Case (goods), a package of related merchandise * Cartridge case or casing, a firearm cartridge component * Bookcase, a piece of furniture used to store books * Briefcase or attaché case, a narrow box to ca ...

, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

, 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 A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...

. 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 Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

, and constitute in the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

legal systems one of the major sources of law.

Memorandum opinion

Not every case decided by a higher court results in the publication of an opinion; in fact many cases do not, since an opinion is often published only when the law is being interpreted in a novel way, or the case is a high-profile matter of general public interest and the court wishes to make the details of its ruling public. In the majority of US cases, the judges issue a '' memorandum decision'' that indicates how state or federal law applies to the case and affirms or reverses the decision of the lower court. A memorandum decision does not establish legal precedent or re-interpret the law, and cannot be invoked in subsequent cases to justify a ruling. Opinions, on the other hand, ''always'' establish a particular legal interpretation.

Legal opinions of counsel or government law officers

In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

and other common law countries, a legal opinion also refers to written legal advice on a point of law issued by either a

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

or advocate (often referred to as "counsel's opinion") or occasionally a senior government law officer, such as an

attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

. Where the opinion is given by a foreign lawyer or foreign law firm it is usually referred to as a ' foreign legal opinion'. The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith's opinion on the Iraq War,

Yoo memo Yoo may refer to: * Yoo (Korean surname), also spelled Ryu or Yu, a Korean family name * YOO, the IATA code for Oshawa Airport See also *You In Modern English, ''you'' is the second-person pronoun. It is grammatically plural, and was histor ...

), or because a general clarification of the law is called for (see for example, the Yorke–Talbot slavery opinion). In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, several state attorneys general issue attorney general's opinions. Several areas of commercial practice call for formal legal opinions of counsel. The

Legal Aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to c ...

scheme in the

requires a legal opinion showing reasonable prospects for success before the Legal Aid board will fund any claim.

Insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...

policies for professional negligence will frequently require an opinion of counsel before the insurer is required to pay out on any putative claim (sometimes called a

QC clause In insurance law, a KC clause (or, during the reign of a female monarch, a QC clause) is a clause in an insurance policy (usually but not exclusively a professional indemnity insurance policy) that provides that an action against the insured is not ...

, when it must be an opinion of leading counsel).

Legal opinion in commercial transactions

In commercial transactions, particularly in the context of financing, the lender will require an opinion as to the corporate capacity of the borrower and enforceability of the transaction documents the borrower is intended to enter into. This type of opinion is generally issued by the borrower's counsel or the lender's counsel, depending on the ethical rule governing the issuance of those opinion applicable to the jurisdiction. When the subject company is from a foreign jurisdiction, the opinion will often be referred to as a foreign legal opinion.

External links

* R. C. A. White, I. Boussiako
Separate opinions in the European Court of Human Rights
* Orin S. Kerr
How to read a legal opinion: A guide for new law students
{{Authority control Legal terminology