Per curiam

Definition

Per curiam is a Latin term meaning 'by the court' and refers to an opinion delivered in the name of the Court rather than specific justices. This type of ruling often signifies that the decision is unanimous or the case does not involve significant legal precedent, allowing the Court to issue a succinct ruling without individual attribution. Per curiam decisions are commonly used in appellate jurisdiction, as they streamline the process and reflect collective judicial consensus.

5 Must Know Facts For Your Next Test

1. Per curiam opinions are typically shorter than full opinions and may not address every aspect of a case.
2. These opinions can be used for cases that involve straightforward applications of law or when no significant legal issues are at stake.
3. Per curiam decisions may not provide extensive legal reasoning, which can limit their precedential value.
4. This type of ruling helps in expediting the appellate process, especially for cases with clear outcomes.
5. The use of per curiam opinions varies among different courts; for example, the U.S. Supreme Court uses them more frequently for certain types of cases.

Review Questions

• What circumstances typically lead a court to issue a per curiam opinion?
  • Courts usually opt for a per curiam opinion when the case involves clear and straightforward legal principles, particularly when there is no significant dispute among justices. This helps streamline decision-making and allows for quicker resolution of cases that do not require detailed legal reasoning. In essence, per curiam rulings are often issued when a unanimous agreement is reached or when there is little need for an elaborate explanation.
• Discuss how per curiam opinions impact the development of legal precedents compared to majority opinions.
  • Per curiam opinions generally have less impact on the development of legal precedents compared to majority opinions. Since they often lack extensive legal analysis and may not address all nuances of a case, they can serve as less authoritative sources for future cases. Majority opinions provide more detailed reasoning and establish clearer guidelines for lower courts, while per curiam rulings may be seen as applying established law without creating new precedents or expanding legal principles.
• Evaluate the advantages and disadvantages of using per curiam opinions in appellate jurisdiction.
  • The use of per curiam opinions in appellate jurisdiction has both advantages and disadvantages. On one hand, they allow courts to expedite cases that do not require in-depth analysis, promoting efficiency in the judicial process. This is particularly beneficial for straightforward cases where uniformity in decision-making is essential. On the other hand, the lack of detailed reasoning can limit their usefulness as precedents and make it challenging for lower courts to apply the law consistently. This duality presents a complex relationship between efficiency and thoroughness in judicial decision-making.

Related terms

Judicial Opinion: A formal statement by a court that explains the reasoning behind a judgment or decision.

Unanimous Decision: A ruling made by a court in which all justices agree on the outcome of a case.

Majority Opinion: An opinion that represents the views of more than half of the justices deciding a case, often accompanied by dissenting opinions.