Dissent

Dissent in the United States

Dissent Definition

A disagreement to something which has been done. It is express or implied. Read more about the meaning of Dissent in the legal Dictionaries.

Dissent Definition in the Legislative Process

The following is a definition of Dissent, by the National Conference of State Legislatures (NCSL): Difference of opinion; to cast a negative vote.

Dissent Rate in California

by Gerald F. Uelmen

Continuing the trend noted in the 2008-2009 period, the California Supreme court’s overall dissent rate was a minuscule 3.8 percent in the period 2009-2010. That’s the share of cases in which at least one justice voted against the majority result, either writing a separate opinion or joining the dissenting opinion of another justice. The leading dissenter was Justice Carlos Moreno, who parted company with the majority in eight cases. Justice Joyce Kennard was second with only five dissenting votes.

Chief Justice George registered a single rare dissent, joining Justices Moreno and Kathryn Werdegar to protest the outcome of Boeken v. Philip Morris USA, Inc. (48 Cal. 4th 788 (2010)). In that case, a majority led by Justice Kennard affirmed the res judicata dismissal of a wrongful death action against the cigarette manufacturer after a prior loss-of-consortium claim was dismissed with prejudice. The dissenters argued that a cause of action for nonfatal injuries resulting in loss of consortium is distinct and separate from a later-accruing wrongful death action if the injuries result in a spouse’s death.

Boeken was one of only two cases that split the court 43. The other saw the chief justice aligned with the majority against dissenting Justices Baxter, Chin, and Corrigan. In Pearson Dental Supplies, Inc. v. Superior Court (48 Cal. 4th 665 (2010), Justice Moreno authored the majority opinion carving out a narrow exception to the general rule that arbitration awards are not subject to judicial review, even for errors of law. The case arose when an employee subject to a mandatory arbitration agreement lost his case after the arbitrator plainly misapplied a tolling provision and ruled that the claim was time-barred.

Dissent in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Dissent Dissent in the World Legal Encyclopedia.
Dissent Dissent in the European Legal Encyclopedia.
Dissent Dissent in the Asian Legal Encyclopedia.
Dissent Dissent in the UK Legal Encyclopedia.
Dissent Dissent in the Australian Legal Encyclopedia.

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Meaning of Dissent

In plain or simple terms, Dissent means: A term commonly issued to denote the disagreement of one or more judges of a court of appeals with the decision of the majority.

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