Simple English definitions for legal terms
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Per curiam: This is a Latin term that means "by the court." It is used when a court makes a decision without identifying which judge wrote the opinion. Per curiam decisions are usually short and deal with issues that are not very controversial. They are not always unanimous and can have additional opinions. The Supreme Court issues per curiam decisions in only a small percentage of cases.
Definition: Per curiam is a Latin term that means "by the court." It refers to a court opinion that is issued in the name of the court rather than specific judges.
A per curiam decision is a court opinion that does not identify any specific judge who may have written the opinion. Instead, it is issued in the name of the court as a whole. These opinions tend to be short and deal with issues that the court views as relatively non-controversial.
For example, in Wood v. Bartholomew, the Supreme Court issued a per curiam decision that affirmed a lower court's ruling that a prisoner's habeas corpus petition was untimely. In Kimberlin v. Quinlin, the Supreme Court issued a per curiam decision that affirmed a lower court's ruling that a prisoner's civil rights claim was barred by the statute of limitations.
Per curiam decisions are not always unanimous and non-controversial. For example, in Bush v. Gore, the Supreme Court issued a majority per curiam opinion that was controversial and contained additional opinions.
Overall, per curiam decisions are relatively rare. On average, the Supreme Court issued per curiam decisions in only 7% of cases between 1946 and 2012. In the 2016 term, the Supreme Court issued 9 per curiam decisions out of a total of 70 cases.
While some legal scholars advocate against the concept of per curiam opinions, they remain an important part of the court's decision-making process.