Define: Per Cur

“Per cur” is a Latin term that translates to “by the court.” It is used to indicate that a decision or action has been made by a court rather than an individual judge.

The term “per cur” is often used when a court makes a decision collectively, without attributing it to a specific judge. It is commonly seen in appellate court decisions.

Yes, the use of “per cur” signifies that a decision has been made by the court as a whole, rather than by an individual judge. It emphasizes the collective nature of the decision-making process.

Yes, like any other court decision, a “per cur” decision can be appealed if there are valid grounds for appeal. The appellate court will review the decision based on the relevant legal principles and arguments presented.

Yes, “per cur” decisions are binding on lower courts within the same jurisdiction. Lower courts are required to follow the legal precedent set by higher courts, including “per cur” decisions.

Yes, a “per cur” decision can be overturned if a higher court finds it to be incorrect or inconsistent with the law. The appellate court has the authority to reverse or modify the decision.

“Per cur” decisions are made collectively by the court, whereas decisions made by individual judges are referred to as “per curiam” decisions. The latter indicates that a single judge made the decision on behalf of the court.

“Per cur” decisions are generally considered more authoritative than decisions made by individual judges. They reflect the consensus of the court and carry more weight as legal precedent.

Yes, “per cur” decisions can be cited as legal authority in other cases. They serve as binding precedent and can be relied upon by parties and courts to support their legal arguments.

No, “per cur” decisions can cover a wide range of legal issues and are not limited to specific areas of law. They can arise in various types of cases, including civil, criminal, and constitutional matters.