The Assignment of the Opinion in a Supreme Court Case

question 33

Multiple Choice

The assignment of the opinion in a Supreme Court case is:

• A) unimportant because the final vote of the justices is the only statement that carries any weight in future cases
• B) important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation
• C) unimportant because all justices usually describe their decisions in exactly the same way
• D) important because every word of a decision is legally binding
• E) unimportant because they are rarely, if ever, read by anyone involved in the legal process

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Definitions:

Lien Theory

A concept in real estate law where the mortgage holder has a lien on the property as security for the underlying loan, but the borrower retains title to the property.

Title Theory

Title theory pertains to mortgage law where the mortgage lender holds title to the mortgaged property until the borrower has fully paid off the loan.

Mortgages

Legal agreements in which a lender lends money at interest in exchange for taking title of the borrower's property, with the condition that the conveyance of title becomes void upon the payment of the debt.

Mortgage

A legal agreement by which a bank, credit union, or other lender lends money at interest in exchange for taking title of the borrower's property, with the condition that the conveyance of title becomes void upon the payment of the debt.