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Simple English definitions for legal terms
per incuriam
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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.