Legal Definitions - per curiam

Per curiam is a Latin term meaning "by the court." It refers to a court opinion, typically from an appellate court, that is issued in the name of the court as a whole rather than being attributed to a specific judge or justice.

When a court issues a per curiam opinion, it signifies that the decision reflects the collective judgment of the judges who heard the case, without highlighting the individual authorship of any particular judge. These opinions are often concise and tend to address issues that the court views as relatively straightforward or where there is a strong consensus among the judges. While many per curiam decisions are unanimous and non-controversial, it is important to note that this is not always the case; sometimes, even significant or divided decisions can be issued per curiam. The primary characteristic remains the absence of an identified author, emphasizing the institutional voice of the court.

• Example 1: A state appellate court receives an appeal from a defendant who claims the trial court made a minor procedural error during their sentencing. After reviewing the briefs and the record, the appellate judges unanimously agree that the trial court followed all established procedures correctly and that the appeal lacks merit.

  Explanation: Instead of one judge writing a lengthy opinion explaining why the appeal is denied, the court issues a short per curiam opinion. This indicates that the decision is a straightforward, collective affirmation by all judges on the panel, without the need for individual judicial elaboration, reflecting a consensus on a routine matter.

• Example 2: A federal appeals court is asked to review a lower court's decision regarding a dispute over a commonly understood clause in a commercial contract. The legal interpretation of this clause has been consistently applied in many previous cases. The panel of judges quickly reaches a unanimous agreement on how the clause should be interpreted based on existing precedent.

  Explanation: The court releases a per curiam opinion to affirm the lower court's ruling. This approach signals that the legal issue is well-settled and the court's decision is a unified application of established law, rather than a novel interpretation requiring a specific judge's detailed reasoning.

• Example 3: Following a local election, a losing candidate files an emergency appeal, alleging widespread voting irregularities and seeking an immediate injunction to stop the certification of results. The state's highest court convenes quickly to review the urgent request. After a swift review, the court finds insufficient evidence to support the claims and denies the injunction.

  Explanation: Given the time-sensitive nature of the election dispute, the court issues a per curiam order denying the injunction. This emphasizes the court's immediate, collective, and unified response to a pressing public matter, ensuring a prompt resolution without the delay of assigning a single author to draft a detailed opinion.