Memorandum opinion
Encyclopedia
A memorandum opinion or memorandum decision is a 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. Nonetheless, the Courts of Appeal have the discretion not to certify opinions in frivolous cases for publication.
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.
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
, persuasive
Persuasive precedent
Persuasive precedent is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law legal systems such as English law. However, persuasive authority may guide the judge in making the decision in the instant case...
or mandatory
Binding precedent
In law, a binding precedent is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as the Supreme Court of the United Kingdom, which took over the judicial functions of the House of...
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
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....
of the opinion as case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
may not be accepted.
Generally, memorandum opinions follow ordinary rules, including the application of precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
and the rule of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
. However, in many courts (for example, the Appellate Division of the Supreme Court of New York
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
), 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
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
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. Nonetheless, the Courts of Appeal have the discretion not to certify opinions in frivolous cases for publication.
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.