Legal Definitions - memdispo

Memdispo is a slang term commonly used in legal circles as an abbreviation for a memorandum opinion.

A memorandum opinion is a type of court decision that is typically brief, concise, and often unpublished. Unlike a full, precedential opinion that might involve extensive legal analysis, detailed factual recitation, and the intention to establish new legal principles, a memorandum opinion usually serves to efficiently resolve a case without such elaborate discussion. Courts issue memorandum opinions to dispose of routine matters, cases where the law is well-settled, or appeals where the legal issues are not complex or novel. They are primarily for the parties involved and are generally not intended to be cited as binding precedent in future cases.

Here are a few examples to illustrate the concept:

• Example 1: Routine Procedural Motion

  Scenario: A plaintiff files a lawsuit, and the defendant responds with a motion to dismiss, arguing that the court lacks proper jurisdiction because the plaintiff failed to serve the legal documents correctly. The law regarding proper service of process is well-established in that jurisdiction, and the facts clearly show a deficiency.

  Illustration: The judge, after reviewing the motion and the relevant legal precedents, might issue a "memdispo" (memorandum opinion) granting the dismissal. This brief opinion would state the court's decision and cite the clear legal principles regarding service of process without needing to elaborate on complex legal reasoning, as the issue is straightforward and doesn't require setting new law.

• Example 2: Affirming a Lower Court Decision on Appeal

  Scenario: A party appeals a trial court's decision, claiming an error in how the law was applied. However, after reviewing the case, the appellate judges find that the trial court correctly interpreted and applied existing law to the facts, and there are no new or complex legal questions to address that would warrant a lengthy, published opinion.

  Illustration: Instead of writing a comprehensive, published opinion, the appellate court might issue a "memdispo" (memorandum opinion) affirming the lower court's judgment. This opinion would briefly state that the trial court's decision is upheld, perhaps noting that no reversible error was found, without delving into a detailed re-analysis of the facts or law, as the case does not present a situation for creating new legal precedent.

• Example 3: Minor Administrative Appeal

  Scenario: An individual appeals a decision from a local zoning board regarding a minor variance for their property. The legal framework for such appeals is clear, and the board's decision was consistent with established regulations and prior rulings in similar cases.

  Illustration: The court reviewing the appeal might issue a "memdispo" (memorandum opinion) upholding the zoning board's decision. This concise opinion would confirm the legality of the board's action for the parties involved, without the need for a comprehensive legal treatise, as the case does not present novel legal questions or require a ruling that would impact future cases beyond the immediate parties.