Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
This legal phrase refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. identify the legal phrase?
Options:
Per Incuriam
Ignorantia Facti Excusat
Doli Incapax
Noscitur a Sociis
Correct Answer:
Per Incuriam
Explanation:
Per Incuriam: Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. A finding of per incuriam means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents. When courts ignore law and proceed to pass judgment, the said decision falls under the spectrum of per incuriam and does not necessarily need to be followed. A judgment that is found to have been decided per incuriam does not then have to be followed as precedent by a lower court.