A per curiam opinion is a court’s written explanation of its decision in a case, including the facts, legal points, and reasoning. It is typically authored by the entire court and does not attribute the opinion to any specific judge. Unlike an advisory opinion, which is a nonbinding statement by a court for interpretation, a per curiam opinion can be contentious as it may resolve the merits of a case without allowing the parties to present their arguments.
A per curiam opinion is a written statement that explains a court’s decision in a case without identifying the individual judge who wrote it. It is typically issued by an appellate court and is commonly employed when the decision is unanimous or when the court wishes to avoid controversy. When the Supreme Court issues a per curiam opinion, it signifies that all the justices agreed on the decision and no single justice is claiming authorship. An intermediate appellate court may issue a per curiam opinion when the decision is straightforward and does not necessitate a lengthy explanation. These examples demonstrate how a per curiam opinion is utilised to communicate a court’s decision without attributing it to a specific judge. It is frequently employed when the decision is non-controversial or when the court aims to refrain from drawing attention to individual judges.
A per curiam opinion is a decision issued by a court as a whole, rather than by a single judge. It is typically a unanimous decision and does not identify the individual judges who participated in the decision.
Per curiam opinions are often used for routine or uncontroversial cases where the court’s decision is clear and there is no need for a lengthy written opinion.
Yes, per curiam opinions are considered binding precedent, just like any other decision issued by the court.
Yes, per curiam opinions can be appealed to a higher court if a party believes that the decision was made in error.
Per curiam opinions are different from other types of opinions in that they are not attributed to any individual judge and are often shorter and less detailed than other opinions.
Yes, per curiam opinions can be used as persuasive authority in other cases, although they may not carry as much weight as a fully reasoned opinion.
Per curiam opinions are relatively common, especially in appellate courts where there may be a large volume of cases to be decided.
Yes, per curiam opinions can be used to establish new legal principles, although they are more commonly used to apply existing law to the specific facts of a case.
Per curiam opinions are typically unanimous, but there may be rare cases where a judge dissents and the decision is still issued as a per curiam opinion.
Per curiam opinions should be cited by the name of the case and the court that issued the opinion, followed by “per curiam.” For example, “Smith v. Jones, 123 F.3d 456 (9th Cir. 2000) (per curiam).”
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This glossary post was last updated: 17th April 2024.
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