Legal Definitions - per incuriam

Per incuriam is a Latin term meaning "through lack of care" or "through inadvertence." In legal contexts, it describes a court decision that was made incorrectly because the judge or judges overlooked a relevant and binding legal authority. This authority could be a previous court decision that they were legally obligated to follow (known as a binding precedent) or a specific law (statute or regulation) that applied to the case but was not considered. When a decision is deemed per incuriam, it means it was made without proper attention to the existing law, and therefore, it typically does not hold the same weight as a correctly decided case and may not need to be followed by future courts.

Here are some examples:

• A state trial court rules on a landlord-tenant dispute, interpreting a lease clause in a particular way.

  However, the judge was unaware of a recently enacted state statute that specifically prohibits such lease clauses and renders them unenforceable. Because the judge overlooked this directly applicable and binding statute, the decision would be considered per incuriam.

• A federal appeals court issues a ruling on a complex intellectual property matter.

  Months later, it's discovered that the court's decision directly contradicted a definitive ruling on the exact same legal point that had been issued by the U.S. Supreme Court just a few weeks prior. The appeals court judges were simply unaware of the Supreme Court's new, binding precedent. This oversight means the appeals court's decision was made per incuriam, as it failed to follow a higher court's controlling authority.

• A local administrative tribunal makes a decision regarding a zoning variance for a new construction project.

  In its written judgment, the tribunal fails to reference or apply a specific municipal ordinance that clearly outlines mandatory environmental impact assessment criteria for such projects. If the tribunal's decision was made without considering this crucial and binding local law, it could be challenged as per incuriam.