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KembaraXtra – Legal Terms – Per Incuriam
Per incuriam is a Latin expression meaning “through lack of care”.
A judicial decision is made per incuriam when the court overlooks a binding precedent or relevant statutory provision.
Such decisions may not carry normal precedential authority.
Higher courts may decline to follow decisions considered per incuriam.
The doctrine helps preserve consistency and correctness in legal precedent.
Per incuriam is a Latin expression meaning “through lack of care”.
A judicial decision is made per incuriam when the court overlooks a binding precedent or relevant statutory provision.
Such decisions may not carry normal precedential authority.
Higher courts may decline to follow decisions considered per incuriam.
The doctrine helps preserve consistency and correctness in legal precedent.
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