Per curiam decision
Encyclopedia
In law
, a per curiam decision (or opinion) is a ruling issued by an appellate court
of multiple judge
s in which the decision rendered is made by the court
(or at least, a majority of the court) acting collectively and anonymously. In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed.
Per curiams 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. The Latin
term per curiam literally means "through the court".
are usually not per curiam. Their decisions more commonly take the form of one or more opinions signed by individual justices which are then joined in by other justices. Unanimous and signed opinions are not considered per curiam decisions, as only the court can officially designate opinions as per curiam. Per curiam decisions tend to be brief in length. The designation is stated at the beginning of the opinion.
The notable exception to the usual characteristics for a per curiam decision is the case of Bush v. Gore
. Although it was per curiam, there were multiple concurrences and dissents.
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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a per curiam decision (or opinion) is a ruling issued by an appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
of multiple judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s in which the decision rendered is made by the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
(or at least, a majority of the court) acting collectively and anonymously. In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed.
Per curiams 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. The Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
term per curiam literally means "through the court".
Federal level
The decisions of the U.S. Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
are usually not per curiam. Their decisions more commonly take the form of one or more opinions signed by individual justices which are then joined in by other justices. Unanimous and signed opinions are not considered per curiam decisions, as only the court can officially designate opinions as per curiam. Per curiam decisions tend to be brief in length. The designation is stated at the beginning of the opinion.
The notable exception to the usual characteristics for a per curiam decision is the case of Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
. Although it was per curiam, there were multiple concurrences and dissents.
Examples
- Ex parte QuirinEx parte QuirinEx parte Quirin, , is a Supreme Court of the United States case that upheld the jurisdiction of a United States military tribunal over the trial of several Operation Pastorius German saboteurs in the United States...
, - Ray v. BlairRay v. BlairRay v. Blair, 343 U.S. 214 , is a major decision of the Supreme Court of the United States. It was a case on state political parties requiring of presidential electors to pledge to vote for the party's nominees before being certified as electors...
, - Toolson v. New York YankeesToolson v. New York YankeesToolson v. New York Yankees is a 1953 U.S. Supreme Court decision that upheld, 7–2, the antitrust exemption first granted to Major League Baseball three decades earlier in Federal Baseball Club v. National League...
, - One, Inc. v. OlesenOne, Inc. v. OlesenOne, Inc. v. Olesen is a landmark United States Supreme Court decision for LGBT rights in the United States. ONE, Inc., a spinoff of the Mattachine Society, published the early pro-gay "ONE: The Homosexual Magazine" beginning in 1953. After a campaign of harassment from the U.S...
, - Dusky v. United StatesDusky v. United StatesDusky v. United States, , is a landmark decision affirming a defendant's right to have a competency evaluation before proceding to trial. In this case, the court outlined the basic standards for determining competency....
, - Brandenburg v. OhioBrandenburg v. OhioBrandenburg v. Ohio, , was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action...
, - New York Times Co. v. United StatesNew York Times Co. v. United StatesNew York Times Co. v. United States, 403 U.S. 713 , was a United States Supreme Court per curiam decision. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.President Richard Nixon had...
, - Furman v. GeorgiaFurman v. GeorgiaFurman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...
, - Buckley v. ValeoBuckley v. ValeoBuckley v. Valeo, 424 U.S. 1 , was a case in which the Supreme Court of the United States upheld a federal law which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law...
, - Bush v. GoreBush v. GoreBush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
,
State level
The Supreme Court of CaliforniaSupreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
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.