A memorandum decision is a brief legal ruling without an opinion, used in cases where no precedent is set and there is no controversy over the interpretation of the law. Opinions are necessary when a case sets a precedent and become an element of case law. Judges consult settled case law and legislation to determine if a memorandum decision is appropriate. They are not appealable in some regions, but a new trial may be held if there was a fundamental flaw in the case.
A memorandum decision is a legal ruling that provides a decision on a matter brought in court without offering an opinion. Such documents are usually short and to the point, as the only thing the judge has to do is issue a clear and unambiguous ruling. The decision on the memorandum is deposited and becomes a public document, available to anyone who wants to consult it, and the results are also made available to the people involved in the case.
Such legal decisions are seen in cases where a judge sets no precedent. This issue is part of established jurisprudence and there is no controversy over the interpretation of this law and no differences of opinion on how the law can and should be applied. A memorandum decision may choose to refer to the laws used in making the decision so that people can consult them, but it does not include an opinion.
In an opinion, a judge explains how a ruling was arrived at, providing an interpretation of the law and a discussion of its implications. Opinions must be included when a case sets a precedent because the judge must explain how the interpretation of the law was applied to the case. When opinions are written, judges are also aware that the documents can be used and referenced in future cases. When a judge establishes a precedent, the opinion written in the case becomes an element of case law and will be used by judges, lawyers and law enforcement agencies to interpret legal matters.
When writing a memorandum decision, a judge must confirm that the case and ruling do not set a precedent. Judges may consult settled case law as well as legislation to determine that the issues at hand have been clearly discussed and resolved in previous legal cases and that there is nothing that requires justification or a longer written opinion. The decision on the memorandum amounts to a short written announcement informing people of the judgment reached in court.
In some regions, memorandum decisions are not appealable, on the argument that an appellate court would arrive at the same judgment after examining the issues at hand. A plaintiff may, however, argue that there was a fundamental flaw in the case, such as hidden evidence, problems with the way the case was presented, a conflict of interest, or other matters that would require a new trial to be held in the equity interest.
Protect your devices with Threat Protection by NordVPN
