Legal Definitions - absque consideratione curiae

The term absque consideratione curiae is a Latin legal phrase that literally translates to "without the consideration of the court." In practical terms, it refers to an action, decision, or document that has not been formally reviewed, approved, or ruled upon by a judge or a judicial body. It signifies that something lacks the official stamp of judicial authority or judgment, and therefore may not have legal force or validity as a court order.

Here are some examples to illustrate this concept:

• Example 1: Unauthorized Administrative Action
  Imagine a court clerk mistakenly issues an order for a property lien based on an incomplete filing, without a judge ever reviewing the merits of the case or signing off on the order. If challenged, this lien could be deemed absque consideratione curiae because it was issued without a judge's formal review and judgment, making its legal validity questionable.

• Example 2: Informal Agreement Presented as a Court Order
  Consider two parties involved in a business dispute who reach an informal agreement to resolve their differences, writing it down on a simple contract. One party later tries to present this private agreement to a third party, like a bank, as if it were a legally binding court order. The "agreement" would be considered absque consideratione curiae because it was created entirely outside of any judicial process and has not received any formal judgment or approval from a court. It lacks the legal authority of a court order.

• Example 3: A Proposed but Unapproved Judgment
  During a trial, a lawyer drafts a proposed judgment outlining what they believe the court should rule, including specific findings and remedies. However, the judge has not yet reviewed, modified, or signed this document. At this stage, the proposed judgment is absque consideratione curiae. It represents a suggestion or a draft, but it does not carry the weight of a court's official decision because it has not undergone the judge's formal consideration and entry as a judgment.