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Per curiam is a Latin term meaning "by the court." It refers to a decision made collectively by a court, without attributing the opinion to any specific judge. This type of ruling signifies that the opinion reflects the views of the entire court as a unified body. Typically, per curiam decisions are issued in cases that the court considers to be non-controversial or straightforward.
Table of content
Legal Use & context
Per curiam decisions are commonly found in appellate courts, including the U.S. Supreme Court. These rulings often arise in civil and criminal cases where the issues at stake are not deeply contested. Because they do not identify an individual author, these decisions can help conserve judicial resources, especially in cases with heavy caseloads. Users may encounter per curiam opinions when researching case law or when utilizing legal forms related to appellate procedures.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A state appellate court issues a per curiam ruling affirming a lower court's decision in a straightforward civil case regarding contract enforcement.
Example 2: The U.S. Supreme Court issues a per curiam opinion affirming a lower court's ruling on a procedural matter without providing an extensive explanation. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Per Curiam Usage
California
Commonly used in appellate rulings for non-controversial cases.
New York
Utilized in both civil and criminal appeals, often without detailed opinions.
Texas
Frequent in affirming lower court decisions, especially in routine matters.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Per curiam
A decision by the court as a whole, without a specific author.
Majority opinion
An opinion that reflects the views of the majority of justices, attributed to a specific justice.
Dissenting opinion
An opinion that disagrees with the majority, written by one or more justices.
Common misunderstandings
What to do if this term applies to you
If you encounter a per curiam decision in your case, it's important to understand its implications. You may want to:
Review the decision carefully to understand its impact on your legal situation.
Consider using legal forms available through US Legal Forms to address related legal matters.
If your case involves complex issues, consulting with a legal professional may be advisable.
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