Concurring Opinion

It may also be used to add comments. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions. The concurring opinion joined by the greatest number of judges is called the plurality opinion.

Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent (common law) and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming there is no binding precedent already in effect). The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law in the majority opinion. Occasionally, a judge will use a concurring opinion to signal that he or she is open to certain types of "test cases" that would allow the development of a new legal rule. In turn, such a concurring opinion may become more famous than the majority opinion in the same case. A well-known example of this phenomenon is Escola v. Coca-Cola Bottling Co. (1944).

In some courts, such as the Supreme Court of the United States, the majority opinion may be broken down into numbered or lettered parts. Concurring justices may state that they join some parts of the majority opinion, but not others, for the reasons given in their concurring opinion. In other courts, such as the Supreme Court of California, the same justice may write a majority opinion and a separate concurring opinion to express additional reasons in support of the judgment

• At the International Court of Justice, the term "separate opinion" is used and judges can also add declarations to the judgment.
• The term concurring opinion is used at the Supreme Court of the United States.
• The European Court of Human Rights uses the term concurring opinion and calls both concurring and dissenting opinions separate opinions. Judges very rarely add declarations to the judgment.
• The Law Lords of the United Kingdom give each an opinion of their own. No aggregated judgment is provided.
• In some jurisdictions (e.g., California), the term may be abbreviated in certain contexts to conc. opn.