Archive for March, 2023

Quiz — Designating an opinion precedential

Saturday, March 25th, 2023

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:
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