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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Famous quotes containing the words memorandum and/or opinion:
““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.””
—Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)
“You can’t, in sound morals, condemn a man for taking care of his own integrity. It is his clear duty. And least of all can you condemn an artist pursuing, however humbly and imperfectly, a creative aim. In that interior world where his thought and his emotions go seeking for the experience of imagined adventures, there are no policemen, no law, no pressure of circumstance or dread of opinion to keep him within bounds. Who then is going to say Nay to his temptations if not his conscience?”
—Joseph Conrad (1857–1924)