Sed per curiam, a Latin phrase meaning “but by the court,” is employed to introduce two situations: (1) a court statement contradicting a lawyer’s argument, and (2) the collective opinion of the court differing from a previously cited individual judge’s opinion.
“Sed per curiam” is a Latin phrase that signifies “but by the court.” It serves two purposes: firstly, to contradict a lawyer’s statement with a court’s statement, and secondly, to present the collective opinion of the court when it differs from that of a previously quoted single judge. For instance, during a trial, if a lawyer argues for the defendant’s innocence but the judge disagrees, the judge may say, “Sed per curiam, the evidence clearly shows that the defendant is guilty.” This usage of “sed per curiam” indicates the judge’s disagreement with the lawyer’s argument. In another scenario, if Judge Smith previously declared the defendant guilty but the entire court, upon reviewing the case, holds a different opinion, they may state, “Sed per curiam, we believe that the defendant is actually innocent.” Here, the court employs “sed per curiam” to introduce their differing opinion from that of Judge Smith.
– “Sed per curiam” is a Latin term that means “by the court” and is used to indicate that a decision was made collectively by the court as a whole, rather than by a single judge or justice.
– “Sed per curiam” is often used in cases where the court’s decision is non-controversial or where the legal reasoning is straightforward and does not require a lengthy written opinion.
– Yes, a “sed per curiam” decision carries the same legal weight as a decision with a written opinion. It is still a binding decision of the court.
– Yes, a “sed per curiam” decision can be appealed just like any other court decision.
– A “sed per curiam” decision indicates that the decision was made collectively by the court, while a unanimous decision indicates that all the judges or justices on the panel agreed on the outcome and the legal reasoning.
– Yes, “sed per curiam” decisions are common in appellate courts, especially in cases where the legal issues are straightforward and do not require a lengthy written opinion.
– Yes, a “sed per curiam” decision can set a legal precedent and be cited as authority in future cases.
– Not necessarily. While a “sed per curiam” decision indicates that the court as a whole reached the decision, it does not necessarily mean that all the judges or justices fully agree on the legal reasoning.
– Yes, a “sed per curiam” decision can be used as persuasive authority in other jurisdictions, although its weight may vary depending on the specific circumstances.
– Yes, “sed per curiam” decisions are subject to the same level of scrutiny and analysis as decisions with written opinions, and can be reviewed and criticized by legal scholars and practitioners.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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