Memorandum opinion


Memorandum opinion

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Memorandum opinion
This box: view · judicial opinion that does not create precedent, persuasive or mandatory in some jurisdictions. A memorandum is often brief and written only to announce judgment in a particular case. Depending on the kind of memorandum decision, citation of the opinion as case law may not be accepted.

Generally, memorandum opinions follow ordinary rules, including the application of precedent and the rule of stare decisis. However, in many courts (for example, the Appellate Division of the Supreme Court of New York), the style of analysis in memorandum opinions is much more concise and conclusory than it would be in an opinion intended for publication. That is, long strings of case citations are often inserted without explication or analysis of the applicability of the cited cases. In contrast, the California Constitution requires that all appellate decisions in California must be decided "in writing with reasons stated," which the Supreme Court of California has interpreted as requiring detailed written opinions even in frivolous cases.[1] Nonetheless, the Courts of Appeal have the discretion not to certify opinions in frivolous cases for publication.[2]

Memorandum opinions are often issued in areas of well-settled law or where a particular set of facts may create imprudent case law.

Memorandum opinions are not used in a case of first impression, where there is a lack of authority and guidance for subsequent courts.[citation needed]

See also

Reference

  1. ^ People v. Kelly, 40 Cal. 4th 106 (2006).
  2. ^ Schmier v. Supreme Court, 78 Cal. App. 4th 703 (2000).

External links



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Look at other dictionaries:

  • memorandum opinion — see opinion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • memorandum opinion — noun see memorandum decision …   Useful english dictionary

  • opinion — opin·ion /ə pin yən/ n 1 a: a belief stronger than impression and less strong than positive knowledge b: a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare …   Law dictionary

  • memorandum — mem·o·ran·dum /ˌme mə ran dəm/ n pl dums or da / də/ 1: a usu. informal written communication 2: a record (as a note) which is used by a party seeking to enforce an otherwise oral agreement in accordance with the Statute of Frauds to prove that… …   Law dictionary

  • memorandum decision — noun or memorandum opinion 1. : a brief opinion of a court or a judge announcing the result of litigation without an extended discussion of the principles involved by sometimes with the citation of precedents compare per curiam decision 2. : an… …   Useful english dictionary

  • opinion — A document prepared by an attorney for his client, embodying his understanding of the law as applicable to a state of facts submitted to him for that purpose; e.g. an opinion of an attorney as to the marketability of a land title as determined… …   Black's law dictionary

  • memorandum decision — n: a document produced by the court stating a present or intended decision usu. previously announced from the bench without an accompanying opinion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. memorandum decision …   Law dictionary

  • memorandum — /memaraendam/ To be remembered; be it remembered. A formal word with which the body of a record in the Court of King s Bench anciently commenced. An informal record, note or instrument embodying something that the parties desire to fix in memory… …   Black's law dictionary

  • memorandum — /memaraendam/ To be remembered; be it remembered. A formal word with which the body of a record in the Court of King s Bench anciently commenced. An informal record, note or instrument embodying something that the parties desire to fix in memory… …   Black's law dictionary

  • memorandum — An informal writing. A brief writing to preserve a thing or an event against loss of memory in respect thereof. A writing used by a witness to assist and refresh his memory while on the witness stand. 29 Am J2d Ev § 876. A writing which records… …   Ballentine's law dictionary