Legal Definitions - sed per curiam

Sed per curiam is a Latin phrase that translates to "but by the court." It is used in legal documents and opinions to introduce a statement or ruling that comes directly from the court as a whole, rather than from a specific judge or in response to a particular argument made by a lawyer.

This phrase typically serves two main purposes:

• To introduce a statement where the court expresses disagreement with an argument presented by one of the lawyers involved in the case.
• To present the unified opinion or statement of the entire judicial panel, especially when it clarifies or differs from a previously mentioned individual judge's opinion or a specific point raised by counsel.

Here are some examples to illustrate its use:

• Example 1: Disagreeing with Counsel's Argument

  Imagine a lawyer arguing passionately that a particular piece of evidence should be excluded because it was obtained improperly. The lawyer cites several cases to support this claim. The court, after considering the arguments, might write in its opinion: "Counsel for the defense has presented a compelling argument regarding the inadmissibility of the evidence based on the precedent of Smith v. State. Sed per curiam, this court finds that the circumstances of the evidence collection in the present case are distinct from those in Smith, and therefore, the evidence is admissible under the established exceptions."

  Explanation: Here, "sed per curiam" introduces the court's direct statement that it disagrees with the lawyer's interpretation of the precedent and its application to the current facts. It signifies that this is the court's official ruling on the matter, overriding the counsel's argument.

• Example 2: Presenting the Unified Court's View

  Consider a situation where a legal brief extensively quotes a dissenting opinion from a single judge in a previous, complex case to support a novel legal theory. The court, in its current ruling, might acknowledge the intellectual merit of the dissenting judge's perspective but needs to clarify the binding law. The court could state: "The plaintiff's reliance on Justice Miller's eloquent dissent in Commonwealth v. Jones highlights an important philosophical debate within jurisprudence. Sed per curiam, the binding precedent established by the majority opinion in Commonwealth v. Jones, which remains good law, dictates a different outcome for the present appeal."

  Explanation: In this instance, "sed per curiam" is used to introduce the unified and authoritative position of the entire court, distinguishing it from the individual (and non-binding) dissenting opinion previously cited. It emphasizes that the court's collective decision, based on established law, takes precedence.