Concept in Definition ABC
Miscellanea / / July 04, 2021
By Florencia Ucha, on Apr. 2011
A opinion is a opinion, or failing that, a judgment, especially one made by a specialist in the matter in question, which is formed or issued on something or someone.
Opinion or judgment made by a specialist about a matter or the sentence of a court or judge
Although it is a very widespread word, in reality, its use is very popular in the judicial and legislative contexts.
Now, we cannot ignore or not mention that it is usually applied to all that opinion or assessment that is made about something or someone, for example, the one that an individual makes about the personality of another, and that is usually the result of his experience of him and the impression he has made on her.
It is also usually applied to the opinions that come from those specialists such as experts in any field, psychologists, psychiatrists, who are it calls when it is necessary to obtain precise information that is only known exclusively to those who have thoroughly studied a subject.
Thus, for example, a psychiatric expert may determine through his analysis whether a person who committed a crime was in full exercise of his powers when he did or if he was dominated by a process in which he did not know what he was doing when for example he killed his woman.
There are people who suffer psychotic outbreaks, for example, and who can commit acts that injure third parties, in these cases professionals such as those mentioned intervene to find out if that person can face a judicial process and be punished for the act committed or if he should be confined in a rehabilitation clinic mental.
Then, in any of the areas mentioned above, the opinion will be that sentence or judicial resolution issued by a judge or by a court, whose purpose will be to put an end to a litigation or pending case that had been processed in any of these contexts.
The main function of an opinion is to recognition of some right or the reason of some of the parties that are confronted in the litigation, meanwhile, once the judge or court issues its opinion, the other party that was not benefited by the opinion in question must accept the result and comply with it to the letter, because otherwise it may be plausible of a punishment.
In a trial you can acquit or convict someone
At the request of Criminal law, an opinion may acquit or convict an individual accused of x crime. If the opinion says that he is not guilty of the action for which he was blamed, he will of course be free of charge and will regain his freedom if he is that the process waited for him in prison, on the other hand, if the ruling determines that he is guilty, then he will be entitled to the penalty established by the normative in force for having committed such a crime.
Types of opinions
There are four types of opinions: condemnatory (the judge responds favorably to the claim of the person suing), acquittal (the judge will agree with the accused), firm (The filing of any type of appeal after the opinion will not be accepted) and actionable (It is feasible to file an appeal after the opinion).
The interposition of resources, claims, or appeals, is a very common and common issue in court when a judge or court issues an opinion on a case.
Who has not obtained what he considered fair, an acquittal, a sentence for the perpetrator, an economic compensation, among other issues, it will ask the judge before a higher instance to review that opinion and to proceed on a case-by-case basis to change what decided.
Obviously, this new judicial step will involve the presentation of evidence and of many other procedures aimed at obtaining a favorable opinion that was not obtained in a timely manner.
The new intervening court or judge must also analyze the previous process that was followed and that gave rise to the sentence that is claimed.
The result may be to endorse the decision made in a timely manner by the trial judge, or, failing that, to give effect to the plaintiff's request because it is considered to be right.
This situation, of course, lengthens the judicial processes and is sometimes contradictory in the objective of making justice in a corresponding and rapid manner, especially in those countries where justice is highly co-opted by the executive power shift.
Document that is analyzed, discussed and voted on by the Legislative Power and that acquires the character of a norm after that
On the other hand, in the legislative sphere, an opinion is called that document analyzed, discussed, voted and approved by the majority of the members of a legislative commission. Once approved, it is considered as a constitutive legislative act that accredits its compliance.
Issues in Opinion