Legal Definitions - per considerationem curiae

The Latin phrase per considerationem curiae translates to "by the consideration of the court."

This term refers to a formal judgment, order, or decision that is made directly by a judge or a panel of judges, rather than by a jury. It signifies that the court has carefully reviewed the facts, legal arguments, and applicable laws presented in a case and has rendered an official determination based on its own deliberation and authority.

• Example 1: Child Custody Ruling

  In a contentious divorce case, parents are unable to agree on a custody arrangement for their children. After hearing testimony from both parents, reviewing recommendations from a court-appointed social worker, and considering the children's best interests, the judge issues a detailed order outlining the custody schedule and parental responsibilities. This final custody order is made per considerationem curiae, as it is the judge's official and deliberate decision after weighing all the evidence and legal standards.

• Example 2: Granting a Motion for Summary Judgment

  A plaintiff sues a defendant for breach of contract. The defendant believes that even if all the plaintiff's factual claims are true, the law clearly dictates that the defendant is not liable. The defendant files a motion for summary judgment, asking the court to rule in their favor without a full trial. After reviewing all the submitted documents, affidavits, and legal briefs from both sides, the judge agrees with the defendant's legal argument and grants the motion. This ruling, which resolves the case before trial, is made per considerationem curiae, reflecting the court's legal determination based on its analysis of the presented facts and law.

• Example 3: Declaring a Will Invalid

  Following a person's death, a dispute arises among family members regarding the validity of the deceased's will. One heir alleges that the will was signed under undue influence and should not be recognized. The probate judge conducts hearings, examines witness testimonies, and reviews the circumstances surrounding the will's creation. After careful deliberation, the judge issues a ruling declaring the will to be invalid. This declaration is made per considerationem curiae, as it is the court's official judgment on a significant legal matter after a thorough review of the evidence and applicable probate laws.