PER INCURIAM Meaning and
Definition
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Per incuriam is a Latin legal term that translates to "through lack of care" or "due to an oversight." In the legal context, per incuriam refers to a situation where a judgment or decision is made inadvertently or mistakenly, without proper consideration, resulting in an error of law. When a decision is passed per incuriam, it means that the ruling was made without taking into account a relevant statute, binding precedent, or legal principle. This may occur due to a lack of awareness or ignorance of the relevant law, or it can arise from a genuine mistake or oversight on the part of the court.
A decision made per incuriam is generally considered to be non-binding and does not have the force of precedent. It is thus not relied upon as a legal authority in subsequent cases. However, there may be exceptions to this general rule, and the impact of a per incuriam decision may vary depending on the jurisdiction and court.
Per incuriam serves as a safeguard to ensure that judgments are based on thorough legal analysis and that erroneous decisions are not perpetuated. It allows for corrections or clarifications to be made when an error of law has been identified. The concept of per incuriam promotes the principle of legal certainty and the integrity of the legal system by discouraging the continuation of incorrect legal principles.
Common Misspellings for PER INCURIAM
- oer incuriam
- ler incuriam
- -er incuriam
- 0er incuriam
- pwr incuriam
- psr incuriam
- pdr incuriam
- prr incuriam
- p4r incuriam
- p3r incuriam
- pee incuriam
- ped incuriam
- pef incuriam
- pet incuriam
- pe5 incuriam
- pe4 incuriam
- per uncuriam
- per jncuriam
- per kncuriam
- per oncuriam
