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Simple English definitions for legal terms

depublished opinion

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A quick definition of depublished opinion:

A depublished opinion is a written statement by a court explaining its decision in a case, but it has been removed from official reports. This means it cannot be used as a reference for future cases. It is different from an unpublished opinion, which is not meant to be cited as authority and is only binding on the parties involved in the specific case. A depublished opinion is usually removed by a higher court.

A more thorough explanation:

A depublished opinion is a written statement by an intermediate appellate court explaining its decision in a given case that has been removed from the official reports, especially by the highest court. It is no longer considered a valid legal precedent and cannot be cited as authority in future cases.

For example, if a court of appeals issues an opinion in a case, but the Supreme Court later decides to depublish it, the opinion will no longer be part of the official record and cannot be used as a legal reference in other cases.

This means that the depublished opinion has lost its legal weight and cannot be relied upon as a precedent for future cases. It is important to note that depublished opinions are different from unpublished opinions, which are opinions that the court has specifically designated as not for publication and are not considered legal precedent.

de proprietate probanda | depute

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