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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 ...
In United States legal practice, a memorandum opinion (or memorandum decision) is an opinion that does not create precedent of any kind in some jurisdictions. A memorandum is often brief and written only to announce judgment in a particular case. Depending upon local court rules, citation of the opinion as case law may not be accepted. A ...
A bench memorandum (pl. bench memoranda) (also known as a bench memo) is a short and neutral memorandum that summarizes the facts, issues, and arguments of a court case. Bench memos are used by the judge as a reference during preparation for trial, the hearing of lawyers' arguments, and the drafting of a decision and also to give the judge an ...
[citation needed] In the majority [citation needed] of US cases, the judges issue 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 ...
Other memorandum formats include briefing notes, reports, letters, and binders. They may be considered grey literature. Memorandum formatting may vary by office or institution. For example, if the intended recipient is a cabinet minister or a senior executive, the format might be rigidly defined and limited to one or two pages. If the recipient ...
United States Reports, the official reporter of the Supreme Court of the United States. Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
At the International Court of Justice, the term "separate opinion" is used and judges can also add declarations to the judgment. The term concurring opinion is used at the Supreme Court of the United States. The European Court of Human Rights uses the term concurring opinion and calls both concurring and dissenting opinions separate opinions ...
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