Paralegal Advanced Competency Exam (PACE) Practice Exam

What characterizes a concurring opinion in a court ruling?

1. A disagreement with the majority opinion

2. A separate opinion that agrees with the majority's outcome

3. A dissenting viewpoint by other justices

4. An opinion that is not officially recorded

The correct answer is: A separate opinion that agrees with the majority's outcome

A concurring opinion is defined as a separate opinion written by a judge or justice who agrees with the outcome of the majority opinion but may have different reasoning or emphasize different aspects of the case. The purpose of a concurring opinion is to provide additional insight or to clarify points that the majority opinion may not have addressed fully. This allows the concurring justice to express their perspective while still aligning with the final decision reached by the majority. In this context, it is important to differentiate a concurring opinion from the other options: A disagreement with the majority opinion characterizes a dissenting opinion rather than a concurring opinion. Dissenting viewpoints are explicitly oppositional, while a concurring opinion shows agreement on the outcome. Similarly, a dissenting opinion signals a strong disagreement among justices, further distinguishing it from the collaborative essence of a concurring opinion. An opinion not officially recorded does not hold legal significance and is unrelated to the formal judicial process. Thus, the distinctive characteristic of a concurring opinion lies in its agreement with the majority outcome, along with the provision of additional commentary or reasoning.