This quiz question concerns a situation where one of the three judges of a Federal Circuit panel dissents from the two judge majority opinion. Which of these answers is/are correct for designating the opinion precedential:
- a). both judges in the majority vote to make the opinion precedential;
- b). one judge in the majority votes to make the opinion precedential and the other two judges vote against it;
- c). one judge in the majority votes to make the opinion precedential and the dissenting judge votes to make the opinion precedential;
- d). neither judge in the majority votes to make the opinion precedential, but the dissenting judge votes to make the opinion precedential;
- e). all of the judges in the panel vote to make the opinion precedential;
- f). the Chief Judge can designate the opinion precedential, regardless of whether she is on the panel.
- Answer(s) below the break: