APPELLATE PRACTICE — Per Incuriam — Definition — When Decision Given Through Inadvertence

This principle establishes that a decision is per incuriam (through inadvertence) if a step in the reasoning was faulty due to failure to mention a statute, a rule with statutory effect, or an authoritative case that might have made the decision different. The principle applies where the correctness of a precedent is challenged. It ensures that decisions given in ignorance of the law are not binding. The principle reflects the exception to stare decisis. It allows courts to depart from erroneously decided cases. The court must identify the omitted authority. The principle provides guidance on the per incuriam doctrine.