Legal Opinion - Memorandum Opinion

Memorandum Opinion

Not every case decided by a higher court results in the publication of an opinion; in fact most cases do not, since an opinion is usually only published when the law is being interpreted in a novel way, or the case is a high-profile matter of general public interest and the court wishes to make the details of its ruling public. In the majority of American cases, the judges issue what is called a memorandum decision that indicates how state or federal law applies to the case and affirms or reverses the decision of the lower court. A memorandum decision does not establish legal precedent or re-interpret the law, and cannot be invoked in subsequent cases to justify a ruling. Opinions, on the other hand, always establish a particular legal interpretation.

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    “The horror of that moment,” the King went on, “I shall never, never forget!”
    “You will, though,” the Queen said, “if you don’t make a memorandum of it.”
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    Nothing can contribute more to peace of soul than the lack of any opinion whatever.
    —G.C. (Georg Christoph)