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LSDefine

Simple English definitions for legal terms

per incuriam

Read a random definition: grand larceny

A quick definition of per incuriam:

Per incuriam is a legal term that means a decision made by a judge that is wrong because they didn't know or forgot about the law that applies to the case. This can happen when a judge forgets about a previous decision that should have been followed or when they don't know about a law that should have been considered. When a decision is made per incuriam, it has no authority and can't be used as a precedent for future cases. This type of decision is rare and should only happen when there is a clear mistake in the reasoning or the law applied.

A more thorough explanation:

per incuriam (pər in-kyoor-ee-əm), adj. (Of a judicial decision) wrongly decided, usually because the judge or judges were ill-informed about the applicable law.

For example, if a judge forgets to consider a previous decision that should have been binding, and makes a decision that contradicts it, the new decision may be considered per incuriam. Similarly, if a judge is unaware of relevant legislation, and makes a decision that does not take it into account, the decision may also be considered per incuriam.

It is important to note that decisions should only be considered per incuriam in rare cases, where there is clear evidence that the decision was made in ignorance or forgetfulness of relevant laws or precedents.

For instance, if a judge makes a decision that goes against a previous decision that should have been considered binding, but forgets to take it into account, the new decision may be considered per incuriam. Similarly, if a judge is unaware of a law that should have been taken into account, and makes a decision that does not consider it, the decision may also be considered per incuriam.

perinatal | perinde est ac si scriptum non esset

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ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
soapy
8:48
UMN under review! As predicted, decisions are gonna come out early December
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