Which opinion is agreed to by less than a majority as to the reasoning but by a majority as to the result?

• A. Concurring opinion
• B. Memorandum opinion
• C. Plurality opinion
• D. Per curiam opinion

Answer: (C)

When a court reaches a result but no single reasoning gains a majority, the decision still has to be supported by the court’s outcome. The type of opinion that fits this situation is the plurality opinion: it represents the most agreement for a particular reasoning, but that reasoning does not have a majority of the judges. The court’s ruling on the result, however, is supported by a majority of the judges even though they disagree about why that result is correct.

In practical terms, you might have several different rationales offered by different judges, none of which commands five votes in a nine-member court, yet five or more judges join to affirm the result. The opinion with the largest group backing it on the reasoning becomes the plurality, not a majority on any single rationale.

For contrast, a concurring opinion is one or more judges who agree with the result but for a different reason than the majority’s reasoning; a memorandum opinion is a brief decision without a full published rationale; and a per curiam opinion is an unsigned opinion of the court.