Per curiam

Definition

Per curiam is a Latin term meaning 'by the court' that refers to an opinion issued in the name of the court rather than by a specific judge. This type of opinion is usually brief and does not contain extensive reasoning, indicating a unanimous agreement among the judges. It signifies decisions made collectively by the court and often arises in cases where the legal issues are straightforward or the outcome is clear.

5 Must Know Facts For Your Next Test

1. Per curiam opinions are typically used in cases where the law is well established and does not require extensive explanation.
2. These opinions can often be seen in appellate courts, particularly in higher courts like the Supreme Court, when there is consensus on the ruling.
3. A per curiam opinion does not specify which judges authored it, reflecting a collective judicial stance.
4. Despite their brevity, per curiam opinions can still set important legal precedents.
5. Some per curiam opinions may not provide detailed facts or analyses, but they still carry significant weight in future cases.

Review Questions

• How does a per curiam opinion differ from majority and dissenting opinions in terms of authorship and reasoning?
  • A per curiam opinion differs from majority and dissenting opinions as it does not identify any specific author; instead, it is issued collectively by the court. In contrast, a majority opinion is authored by one or more judges and represents the views of more than half of the panel. A dissenting opinion expresses disagreement with the majority's view and is also attributed to specific judges. Per curiam opinions tend to be more concise and are often issued when the case law is clear, whereas majority and dissenting opinions may provide more detailed reasoning.
• In what types of cases might a court choose to issue a per curiam opinion, and what does this choice indicate about the court's view on the legal issues involved?
  • A court might choose to issue a per curiam opinion in cases where the legal issues are straightforward or well-established, suggesting that there is little debate among the judges about the outcome. This choice indicates a collective agreement on how to apply existing law without necessitating extensive legal reasoning. Such opinions often reflect confidence in established precedents and may serve to expedite decision-making in cases that do not warrant lengthy deliberation.
• Evaluate how per curiam opinions impact judicial efficiency and the development of case law within a legal system.
  • Per curiam opinions enhance judicial efficiency by allowing courts to resolve straightforward cases quickly without lengthy individual justifications from judges. This streamlined approach helps manage caseloads effectively, particularly in higher courts facing numerous appeals. Additionally, even though per curiam decisions may lack detailed reasoning, they can still establish binding precedents that guide lower courts. This dual role—efficiency in handling cases and influence on case law—shows how per curiam opinions play an important part in maintaining both judicial productivity and consistency in legal interpretations.

Related terms

Majority Opinion: An opinion that represents the views of more than half of the judges on a panel, forming the official ruling of the court.

Dissenting Opinion:

An opinion written by one or more judges expressing disagreement with the majority opinion of the court.

Concurring Opinion:

An opinion written by a judge who agrees with the majority's conclusion but offers different reasoning or additional points.