Legal Definitions - consideratum est per curiam

Consideratum est per curiam is a Latin phrase that historically translates to "it is considered by the court." This formal language was traditionally used to introduce the final judgment or decision issued by a common-law court. It signified that the court had carefully deliberated on all the facts, evidence, and legal arguments presented by the parties involved before arriving at its official ruling.

The phrase emphasizes that the court's decision was not merely a decree or an arbitrary pronouncement, but rather a thoughtful, reasoned conclusion reached through judicial consideration of the entire case. It underscored the solemnity and deliberative nature of the court's role in rendering justice.

• Example 1: A Civil Lawsuit for Damages

  Imagine a scenario where a building contractor sues a client for unpaid services after completing a construction project. The client countersues, alleging the work was substandard and incomplete. After a trial where both sides present contracts, invoices, expert testimony, and photographic evidence, the judge reviews all submissions and legal precedents. When the judge issues the final ruling, ordering the client to pay a reduced amount to the contractor due to some deficiencies, the formal declaration of this judgment would historically have been introduced by consideratum est per curiam. This signifies that the court's decision on the payment and the quality of work was a carefully weighed and considered judgment based on the evidence.

• Example 2: A Historical Property Dispute

  Consider a case from the 18th century involving a dispute between two neighbors over the exact boundary line of their properties, which had been passed down through generations. Each party presented old maps, deeds, and witness accounts from elders in the community. After hearing all arguments and examining the historical documents, the court determined the rightful boundary. The official pronouncement of this decision, legally establishing the property line, would have begun with consideratum est per curiam. This phrase would highlight that the court's determination was the result of its thorough judicial review and deliberation on the complex historical and factual claims.

• Example 3: A Court's Decision to Dismiss a Case

  Suppose a plaintiff files a lawsuit alleging a company engaged in unfair business practices. The company, as the defendant, files a motion to dismiss the case, arguing that the plaintiff's claims do not meet the legal requirements for such a lawsuit, even if all alleged facts were true. After reviewing the legal arguments from both sides and examining the relevant statutes and case law, the court agrees with the defendant and decides to dismiss the case. The formal order of dismissal, reflecting the court's conclusion that the plaintiff's complaint lacked a sufficient legal basis, would historically have been introduced by consideratum est per curiam. This indicates that the dismissal was a deliberate and considered judgment by the court on the legal sufficiency of the claim.