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Per Incuriam: A Deep Dive into Its Legal Meaning and Consequences
Definition & Meaning
Per incuriam is a legal term that refers to a court decision made without proper consideration of relevant laws or binding authority. This typically means that the court has overlooked a statute or a previous ruling that contradicts its decision. As a result, a ruling made per incuriam is considered flawed and does not hold precedential value. In criminal law, if a conviction is found to be decided per incuriam, it may be overturned.
Table of content
Legal Use & context
This term is primarily used in appellate court decisions. When a court identifies that a previous ruling was made per incuriam, it can choose not to follow that ruling in future cases. It is relevant in various legal areas, including:
Civil law
Criminal law
Administrative law
Users can manage legal documents related to this concept through resources like US Legal Forms, which provide templates for appeals and other legal filings.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A state appellate court may overturn a lower court's ruling because it failed to consider a key statute that directly impacts the case outcome. (hypothetical example)
Example 2: In a criminal case, if a defendant's conviction is based on a ruling that ignored a Supreme Court decision, the appellate court may declare the conviction per incuriam and reverse it. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Per Incuriam
California
Recognizes per incuriam decisions but requires explicit identification of the overlooked authority.
New York
Allows appeals based on per incuriam findings, particularly in criminal cases.
Texas
Generally follows the doctrine but has specific procedural rules for raising such claims.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Stare decisis
The legal principle of determining points in litigation according to precedent.
Obiter dictum
A remark made by a judge that is not essential to the decision and does not have binding authority.
Common misunderstandings
What to do if this term applies to you
If you believe a court decision affecting your case was made per incuriam, consider the following steps:
Review the decision to identify any overlooked statutes or case law.
Consult with a legal professional to assess the viability of an appeal.
Explore US Legal Forms for templates that can assist in filing an appeal or motion.
Complex cases may require professional legal assistance to navigate effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.