Ex tempore
Encyclopedia
Ex tempore has two meanings:
Some kinds of oral poetry depend on a certain degree of extemporization, including the couplet
, the Gstanzl
, and the limerick
.
and deliver it later in written form. An ex tempore judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree.
In Australia
, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ex tempore for reasons of time and necessity. Because many decisions are ex tempore, intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in New South Wales
, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and stare decisis
).
Ex tempore decisions are not binding on later courts due to the quick nature of their delivery after the hearing of a case. Therefore, these decisions are of persuasive authority only and a later court, dealing with a case of similar facts, can reach a different conclusion if it is appropriate and the court is question believes that their decision is more suitable.
Performance
"Extempore" or "ex tempore" refers to a stage or theater performance that is carried out without preparation or forethought. Most often the term is used in the context of speech, singing and stage acting. Synonyms are "impromptu", "extemporaneous", or "improvised".Some kinds of oral poetry depend on a certain degree of extemporization, including the couplet
Couplet
A couplet is a pair of lines of meter in poetry. It usually consists of two lines that rhyme and have the same meter.While traditionally couplets rhyme, not all do. A poem may use white space to mark out couplets if they do not rhyme. Couplets with a meter of iambic pentameter are called heroic...
, the Gstanzl
Gstanzl
The Gstanzl is a mocking song that is especially known in the Austrian-Bavarian regions. A Gstanzl normally consists of four lines, sometimes eight, and is sung in dialect. They can either be sung at certain dances , or are sung without dancing.Gstanzln are normally only sung by men...
, and the limerick
Limerick
Limerick is the third largest city in the Republic of Ireland, and the principal city of County Limerick and Ireland's Mid-West Region. It is the fifth most populous city in all of Ireland. When taking the extra-municipal suburbs into account, Limerick is the third largest conurbation in the...
.
Jurisprudence
"Ex tempore" is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ex tempore. Another way a judge may deliver a decision is to reserve his decisionReserved decision
Reserved decision is a legal term. After the hearing of a trial or the argument of a motion a judge may not immediately deliver a decision, but instead take time to review evidence and the law and deliver a decision at a later time, usually in a written form....
and deliver it later in written form. An ex tempore judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree.
In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ex tempore for reasons of time and necessity. Because many decisions are ex tempore, intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
).
Ex tempore decisions are not binding on later courts due to the quick nature of their delivery after the hearing of a case. Therefore, these decisions are of persuasive authority only and a later court, dealing with a case of similar facts, can reach a different conclusion if it is appropriate and the court is question believes that their decision is more suitable.