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Per curiam decision

 
US Supreme Court: Per Curiam

(Lat., “by the court”), an opinion rendered by the whole court or a majority of it, rather than being attributed to an individual judge. Originally used for summary dispositions of cases, the per curiam has sometimes been the vehicle for major opinions, for example, Brandenburg v. Ohio (1969).

— William M. Wiecek

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US Government Guide: per curiam
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Per curiam is Latin for “by the court.” An opinion designated by the Supreme Court as a body, instead of by one member, is called a per curiam decision. In Brandenburg v. Ohio (1969), for example, the opinion of the Court was not attributed to a particular justice. Instead, it was announced as a per curiam decision. This kind of opinion is used to summarily deal with an issue in a concise and unsigned opinion that signifies the general authority of the Court.

Law Encyclopedia: Per Curiam
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This entry contains information applicable to United States law only.

[Latin, By the court.] A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge.

Sometimes per curiam signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by the court that is unaccompanied by a written opinion.

Wikipedia: Per curiam decision
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In law, a per curiam decision (or opinion or per curiam) is a ruling issued by an appellate court with multiple judges in which the decision rendered was made by the court (or at least, a majority of the court) acting as a whole, anonymously.[1] In contrast to regular opinions, the decision does not list the individual judge responsible for authoring the decision.[1]

Per curiam decisions are not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions, in which the opinion of the court is expressed with an author listed.[2] The Latin term per curiam literally means "by the court."

Contents

United States

Federal level

The decisions of the U.S. Supreme Court are usually not per curiam.[2] Their decisions more commonly take the form of one or more opinions signed by individual justices which are then joined in by other justices.[2] Unanimous and signed opinions are not considered per curiam decisions, as only the court can officially designate opinions as per curiam.[2] Per curiam decisions tend to be brief in length.[2] The designation is stated at the beginning of the opinion.

Examples

State level

The Supreme Court of California occasionally releases decisions in the name of "The Court," but these are not necessarily unanimous. Sometimes an opinion in the name of the Court may be accompanied by extensive concurring and dissenting opinions.[3]

See also

References

  1. ^ a b Bryan A. Garner, ed (2001). Black's Law Dictionary (2nd Pocket Edition ed.). St. Paul, MN: West Group. pp. 503, 523. 
  2. ^ a b c d e "Per curiam". Wex. Cornell University Law School. http://topics.law.cornell.edu/wex/per_curiam. Retrieved 2008-09-10. 
  3. ^ See, e.g., Sundance v. Municipal Court, 42 Cal. 3d 1101 (1986).

 
 

 

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US Supreme Court. The Oxford Companion to the Supreme Court of the United States. Copyright © 1992, 2005 by Oxford University Press. All rights reserved.  Read more
US Government Guide. The Oxford Guide to the United States Government. Copyright © 1993, 1994, 1998, 2001, 2002 by John J. Patrick, Richard M. Pious, Donald M. Ritchie. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Per curiam decision" Read more