Legal Definitions - sine consideratione curiae

Sine consideratione curiae is a Latin legal phrase meaning without the judgment of the court or without the court's consideration. It refers to an action, decision, or outcome that has occurred or been asserted without the necessary formal review, deliberation, or official ruling from a court of law. Essentially, it describes something done outside the proper judicial process, lacking the legal authority that comes from a judge's official consideration and decision.

• Imagine a situation where a court clerk, due to an administrative error, mistakenly records a default judgment against a defendant in a civil lawsuit. However, the judge assigned to the case had not yet reviewed the evidence, heard arguments, or made any official ruling. In this scenario, the recorded judgment would be considered sine consideratione curiae because it was entered without the judge's actual deliberation or formal decision.

• Consider two business partners who have a dispute and agree to a private settlement outside of court. One partner later attempts to enforce the terms of this private agreement as if it were a binding court order, perhaps by trying to garnish the other partner's wages. If no judge ever reviewed, approved, or incorporated their private settlement into an official court order, any attempt to enforce it as a judicial mandate would be sine consideratione curiae, as it lacks the court's official judgment.

• Suppose a local government agency issues a notice to a property owner stating that their land will be seized for public use, citing a "court order" that supposedly authorizes the action. If the property owner investigates and discovers that no judge has actually issued such an order, nor has any court formally reviewed the agency's request for seizure, then the agency's action would be sine consideratione curiae. It would be an attempt to act with judicial authority without having received the necessary judgment from a court.