Memorandum opinion

In law, a memorandum opinion is usually an unpublished legal opinion that cannot be cited as precedent.  It is formally defined as: "[1] unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court's conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law." Black's Law Dictionary, 1201 (9th ed. 2009). There is no elaboration or explanation because the decision either follows a well-known legal principle or it does not relate to a point of law. A memorandum opinion is also not subject to appeal.

Generally, memorandum opinions follow ordinary rules, including the application of precedent and the rule of stare decisis.Erica S. Weisgerber, 'Unpublished Opinions: A Convenient Means to an Unconstitutional End', Georgetown Law Journal,  Volume 97, Number 2 (January 2009), p. 633

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Category:Legal terms