"Sed per curiam" is a Latin phrase that translates to "but by the court." This term is commonly used in legal contexts to introduce a statement made by the court that expresses disagreement with an argument presented by counsel or with the opinion of the entire court if it differs from that of a single judge previously quoted. It signifies a collective judicial viewpoint rather than an individual opinion.
This term is primarily used in appellate court decisions and opinions, where the court collectively issues rulings or statements. It can appear in various areas of law, including:
Understanding this term can be helpful for individuals navigating legal documents or court rulings, especially when utilizing legal templates from US Legal Forms that may involve court opinions or rulings.
Here are a couple of examples of abatement:
Example 1: In a case where a judge quotes a legal argument from a lawyer but then states, "sed per curiam," it indicates that the court collectively disagrees with that argument.
Example 2: A court ruling may state, "sed per curiam, we find that the evidence presented does not support the claims made by the plaintiff." (hypothetical example)
| Term | Definition | Difference |
|---|---|---|
| Per curiam | A decision issued in the name of the court rather than specific judges. | "Sed per curiam" specifically indicates disagreement with a prior argument. |
| Concurring opinion | An opinion that agrees with the majority but for different reasons. | "Sed per curiam" does not express agreement; it indicates disagreement. |
If you encounter the term "sed per curiam" in a legal document or court ruling, consider the following steps:
| Attribute | Details |
|---|---|
| Usage | Primarily in appellate court opinions |
| Legal Areas | Civil, Criminal, Family Law |
| Implication | Indicates disagreement with a prior argument |
It means âbut by the court,â indicating a statement made by the court that disagrees with a previous argument.
