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opinion 音標拼音: [əp'ɪnjən] n. 意見,看法;評價;專業方面的鑒定或勸告 意見,看法;評價;專業方面的鑒定或勸告 opinion n 1: a personal belief or judgment that is not founded on proof or certainty; " my opinion differs from yours"; " I am not of your persuasion"; " what are your thoughts on Haiti?" [ synonym: { opinion}, { sentiment}, { persuasion}, { view}, { thought}] 2: a message expressing a belief about something; the expression of a belief that is held with confidence but not substantiated by positive knowledge or proof; " his opinions appeared frequently on the editorial page" [ synonym: { opinion}, { view}] 3: a belief or sentiment shared by most people; the voice of the people; " he asked for a poll of public opinion" [ synonym: { public opinion}, { popular opinion}, { opinion}, { vox populi}] 4: the legal document stating the reasons for a judicial decision; " opinions are usually written by a single judge" [ synonym: { opinion}, { legal opinion}, { judgment}, { judgement}] 5: the reason for a court' s judgment ( as opposed to the decision itself) [ synonym: { opinion}, { ruling}] 6: a vague idea in which some confidence is placed; " his impression of her was favorable"; " what are your feelings about the crisis?"; " it strengthened my belief in his sincerity"; " I had a feeling that she was lying" [ synonym: { impression}, { feeling}, { belief}, { notion}, { opinion}] Opinion \ O* pin" ion\, v. t. To opine. [ Obs.] [ 1913 Webster]
Opinion \ O* pin" ion\, n. [ F., from L. opinio. See { Opine}.] 1. That which is opined; a notion or conviction founded on probable evidence; belief stronger than impression, less strong than positive knowledge; settled judgment in regard to any point of knowledge or action. [ 1913 Webster] Opinion is when the assent of the understanding is so far gained by evidence of probability, that it rather inclines to one persuasion than to another, yet not without a mixture of incertainty or doubting. -- Sir M. Hale. [ 1913 Webster] I can not put off my opinion so easily. -- Shak. [ 1913 Webster] 2. The judgment or sentiment which the mind forms of persons or things; estimation. [ 1913 Webster] I have bought golden opinions from all sorts of people. -- Shak. [ 1913 Webster] Friendship . . . gives a man a peculiar right and claim to the good opinion of his friend. -- South. [ 1913 Webster] However, I have no opinion of those things. -- Bacon. [ 1913 Webster] 3. Favorable estimation; hence, consideration; reputation; fame; public sentiment or esteem. [ Obs.] [ 1913 Webster] Thou hast redeemed thy lost opinion. -- Shak. [ 1913 Webster] This gained Agricola much opinion, who . . . had made such early progress into laborious . . . enterprises. -- Milton. [ 1913 Webster] 4. Obstinacy in holding to one' s belief or impression; opiniativeness; conceitedness. [ Obs.] -- Shak. [ 1913 Webster] 5. ( Law.) The formal decision, or expression of views, of a judge, an umpire, a counselor, or other party officially called upon to consider and decide upon a matter or point submitted. [ 1913 Webster] { To be of opinion}, to think; to judge. { To hold opinion with}, to agree with. [ Obs.] -- Shak. [ 1913 Webster] Syn: Sentiment; notion; persuasion; idea; view; estimation. See { Sentiment}. [ 1913 Webster] 113 Moby Thesaurus words for " opinion": admonition, advice, advising, advocacy, affect, affectivity, analyzing, appraisal, appraisement, appraising, appreciation, apprehension, assessing, assessment, assumption, attitude, belief, brief, briefing, caution, caveat, climate of opinion, common belief, community sentiment, conceit, concept, conception, conclusion, conjecture, consensus gentium, consideration, consultation, conviction, council, counsel, direction, emotion, emotivity, estimate, estimation, ethos, evaluating, evaluation, evaluative criticism, exhortation, expostulation, eye, fancy, feeling, feeling tone, gauging, general belief, guidance, hortation, idea, image, imago, impression, instruction, intellectual object, judgement, judgment, lights, measurement, memory- trace, mental attitude, mental image, mental impression, mind, monition, mystique, notion, observation, parley, perception, personal judgment, persuasion, point of view, popular belief, position, posture, presumption, prevailing belief, proposal, psychology, public belief, public opinion, ranking, rating, reaction, recept, reckoning, recommendation, reflection, remonstrance, representation, sentiment, sight, speculation, stance, suggestion, supposition, theory, think, thinking, thought, valuation, valuing, view, viewpoint, warning, way of thinking, weighingOPINION, evidence. An inference made, or conclusion drawn, by a witness from facts known to him, 2. In general a witness cannot be asked his opinion upon a particular question, for he is called to speak of facts only. But to this general rule there are exceptions; where matters of skill and judgment are involved, a person competent, particularly to understand such matters, may be asked his opinion, and it will be evidence. 4 Hill, 129; 1 Denio, 281; 2 Scam. 297; 2 N. H. Rep. 480; 2 Story, R. 421; see 8 W. & S. 61; 1 McMullan, 561 For example, an engineer may be called to say what, in his opinion, is the cause that a harbor has teen blocked up. 3 Dougl. R. 158; S. C. 26 Eng. C. L. Rep. 63; 1 Phil. Ev. 276; 4 T. R. 498. A ship builder may be asked his opinion on a question of sea- worthiness. Peake, N. P. C. 25; 10 Bing. R. 57; 25 Eng. Com. Law Rep. 28. 3. Medical men are usually examined as to their judgment with regard to the cause of a person' s death, who has suffered by violence. Vide Death. Of the sanity, 1 Addams, 244, or impotency, 3 Phillim. 14, of an individual. Professional men are, however, confined to state facts and opinions within the scope of their professions, and are not allowed to give opinions on things of which the jury can as well judge. 5 Rogers' Rec. 26; 4 Wend. 320; 3 Fairf. 398; 3 Dana, 882; 1 Pennsyl. 161; 2 Halst. 244; 7 Vern. 161; 6 Rand. 704; 4 Yeates, 262; 9 Conn. 102; 3 N. H. Rep. 349; 5 H. & J. 488. 4. The unwritten or common law of foreign countries may be proved by the opinion of witnesses possessing professional skill. Story' s Confl. of Laws, 530; 1 Cranch, 12, 38; 2 Cranch, 236; 6 Pet Rep. 763; Pet. C. C. R. 225; 2 Wash. C. C. R. 175; Id. 1; 5 Wend. Rep. 375; 2 Id. 411; 3 Pick. Rep. 293; 4 Conn. R. 517; 6 Conn: R. 486; 4 Bibb R. 73; 2 Marsh. Rep. 609; 5 Harr. & John. 86; 1 Johns. Rep. 385; 3 Johns. Rep. 105; 14 Mass., R. 455; 6 Conn. R. 508; 1 Vern. R. 336; 15 Serg. & Rawle, 87; 1, Louis. R. 153; 3 Id. 53; Cranch, 274. Vide also 14 Serg. & Rawle, 137; 3 N. Hamp. R. 349; 3 Yeates, 527; 1 Wheel. C. C. Rep. 205; 6 Rand. R. 704; 2 Russ. on Cr. 623; 4 Camp. R. 155; Russ. & Ry. 456; 2 Esp. C. 58; Foreign Laws; 3 Phillim. R. 449; 1 Eccl. R. 291.
OPINION, practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2. The counsel should as far as practicable give, 1. A direct and positive opinion, meeting the point and effect of the question and separately, if the questions proposed were properly divisible into several. 2. The reasons, succinctly stated, in support of such opinion. 3. A reference to the statute, rule or decision on the subject. 4. When the facts are susceptible of a small difference in the statement, a suggestion of the probability of such variation. 5. When some, important fact is stated as resting principally on the statement of the party interested, a suggestion ought to be made to inquire how that fact is to be proved. 6. A suggestion of the proper process or pleadings to be adopted. 7. A suggestion of what precautionary measures ought to be adopted. As to the value of an opinion, see 4 Penn, St. R. 28.
OPINION, judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion. 2. Such an opinion ought to be a perfect syllogism, the major of which should be the law; the minor, the fact to be decided and the consequence, the judgment which declares that to be conformable or contrary to law. 3. Opinions are judicial or extra- judicial; a judicial opinion is one which is given on a matter which is legally brought before the judge for his decision; an extra- judicial opinion, is one which although given in court, is not necessary to the judgment. Vaughan, 382; 1 Hale' s Hist. 141; and whether given in or out of court, is no more than the prolatum of him who gives it, and has no legal efficacy. 4 Penn. St. R. 28. Vide Reason.
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