Per curiam decision

Per curiam decision

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 acting as a whole.cite book|title=Black's Law Dictionary|editor=Bryan A. Garner|publisher=West Group|location=St. Paul, MN|date=2001|edition=2nd Pocket Edition|pages=503, 523] In contrast to regular opinions, the decision does not list the individual judge responsible for authoring the decision. However, "per curiam" decisions are not the only type of decision that can reflect the opinion of the court; other types of decisions such as unanimous decisions can also reflect the opinion of the court as a whole, even if not issued in "per curiam" form. The Latin term translates as "by the court as a whole".

United States

The decisions of the U.S. Supreme Court are usually not "per curiam".cite web|url=http://topics.law.cornell.edu/wex/per_curiam|title=Per curiam|work=Wex|publisher=Cornell University Law School|accessdate=2008-09-10] 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, and usually deal with relatively non-controversial issues. The designation is stated at the beginning of the opinion.

Examples

* "Hayburn's Case", ussc|2|409|1792
* "Ex parte Quirin", ussc|317|1|1942
* "Ray v. Blair", ussc|343|214|1952
* "Toolson v. New York Yankees", ussc|346|356|1953
* "One, Inc. v. Olesen", ussc|355|371|1958
* "Brandenburg v. Ohio", ussc|395|444|1969
* "New York Times Co. v. United States", ussc|403|713|1971
* "Furman v. Georgia", ussc|408|238|1972
* "Buckley v. Valeo", ussc|424|1|1976
* "Bush v. Gore", ussc|531|98|2000

ee also

*By the Court opinions of the Supreme Court of Canada

References


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Look at other dictionaries:

  • per curiam decision — noun or per curiam opinion : a very brief usually unanimous opinion or decision of a court rendered without elaborate discussion of the principles or reasons therefor compare memorandum decision …   Useful english dictionary

  • per curiam — adverb or adjective Etymology: Medieval Latin per curiam, literally, by the court Date: 1685 by the court as a whole rather than by a single justice and usually without extended discussion < a per curiam decision > …   New Collegiate Dictionary

  • per curiam opinion — noun see per curiam decision …   Useful english dictionary

  • per curiam — per cu·ri·am /pər kyu̇r ē ˌäm, ku̇r , əm/ adv or adj [Latin, by the court]: by the court as a whole rather than by a single justice and usu. without extended discussion a per curiam affirmance Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

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  • per curiam opinion — An opinion of the court in which the judges or justices are all of one mind and the question involved is so clear that the opinion is not elaborated by an extended discussion of the supporting reasons. 20 Am J2d Cts § 72. It is true this… …   Ballentine's law dictionary

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