Question

A precedent given per incuriam is _______________.

• A. a decision given in a foreign language
• B. a decision given on a rational basis with observations
• C. a decision made in ignorance of a binding authority
• D. a decision that is automatically binding

Hint:

Think of per incuriam as a decision made "incuriously" or "carelessly" by ignoring a binding law or a binding past case. Such decisions lack precedential value.

Answer 1

The Correct Option is C

"Per incuriam" is a Latin phrase that literally means "through lack of care" or "through inadvertence.
" In legal terminology, a judicial decision (precedent) is said to have been given \textit{per incuriam} when the court that made the decision failed to consider a relevant and binding statutory provision or a binding court precedent that it was supposed to follow.
Because the decision was made in ignorance of a crucial binding authority, it is considered to be wrongly decided and does not have to be followed as a precedent by lower courts.