A per curiam decision (or opinion) is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to
statements made by individual judges. The literal meaning of this legal term is "by the court".
Most decisions on the merits by the U.S. Supreme Court (and other
appellate courts in the U.S.) take the form of one or more opinions signed by individual justices (and joined in by others). Even
when such signed opinions are unanimous, they are not termed "per curiam." "Per curiam" decisions are given that label by the
Court itself and tend to be short. Usually, though not always, they deal with issues the Court views as relatively
non-controversial. However, per curiam opinions are not necessarily unanimous and are sometimes accompanied by dissenting
opinions. E.g., Bush v. Gore, 531 U.S. 98 (2000). Bush v. Gore is
unique in its use of a "per curiam" decision because it has been alleged that none of the justices wanted to be associated with
its authorship, given the highly-charged politics of the 2000
Presidential election.[1][2]
The top appellate courts of most states (e.g., Alabama, Arkansas, Connecticut, Florida,
Georgia, Maine, Maryland, Nebraska, Nevada, New Mexico, North Carolina) use the same terminology.
Examples
See also
References
- ^ http://www.thenation.com/docprint.mhtml?i=20010205&s=bugliosi
- ^ http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/sctsuicide.html
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)