Legal Definitions - ceteris tacentibus

ceteris tacentibus

This Latin phrase, meaning "the others being silent," is a historical legal term. It was traditionally used in serially published law reports to indicate that while one judge authored the primary opinion for a court's decision, the other judges on the panel agreed with that opinion and chose not to write their own separate concurring or dissenting opinions. Their silence signified their agreement with the main judgment without further comment or explanation.

Here are some examples illustrating the concept of ceteris tacentibus:

• Example 1: Historical Appellate Court Decision

  In a 19th-century appellate case, Justice Thompson authored the court's detailed opinion explaining why the lower court's judgment was affirmed. The law report noted "ceteris tacentibus" after Justice Thompson's opinion. This indicated that the other four judges on the panel fully agreed with Justice Thompson's reasoning and conclusion, and therefore did not feel the need to write their own concurring opinions or register a dissent.

  This example illustrates the term because the other judges' silence (their decision not to write separate opinions) confirmed their agreement with the primary opinion presented by Justice Thompson.

• Example 2: Modern Supreme Court Analogy

  Imagine a contemporary Supreme Court case where Justice Roberts writes the majority opinion, which is joined by Justices Alito, Gorsuch, and Kavanaugh. No separate concurring opinions are written by these four justices, nor do they dissent. While the specific Latin phrase "ceteris tacentibus" is no longer commonly used in modern reports, the underlying concept applies: these justices' silence (their lack of separate written opinions) signifies their full agreement with Justice Roberts's reasoning and the outcome of the case.

  This example demonstrates the principle of the term by showing how multiple judges can implicitly endorse a primary opinion through their silence, indicating their full agreement without offering additional commentary or a differing view.