When you cite an opinion but are not relying on the majority, what should you do?

• A. Ignore the dissent
• B. Note it in the citation and specify concurring or dissenting
• C. Only cite the majority portion
• D. Avoid using the case altogether

Answer: (B)

When you cite an opinion but aren’t relying on the majority, you should indicate the exact opinion you’re leaning on and specify whether you’re drawing on a concurring or a dissenting view. This keeps your argument transparent about where the authority actually comes from. If a court endorses a result but the reasoning you use comes from a concurrence (which agrees with the outcome but for different reasons) or a dissent (which disagrees with the majority), naming that opinion helps readers understand the precise rationale you’re relying on and its persuasive weight. It also prevents misrepresenting the ruling by implying you’re depending on the majority’s reasoning when you’re not. Ignoring other opinions would obscure important context, and only citing the majority portion would misstate the basis for your point. The case can still be useful when you clearly identify the specific concurrence or dissent you’re relying on.