Legal Definitions - per curiam opinion

A per curiam opinion is a ruling issued by an appellate court (such as a court of appeals or a supreme court) that is delivered "by the court" as a whole, rather than being attributed to a specific judge. It reflects the collective decision and reasoning of the court's majority, or sometimes the entire court, and does not bear the name of any individual author. These opinions are often used for straightforward cases, unanimous decisions, or when the court wishes to present a unified front without individual judges' names attached to the opinion.

• Example 1: A state supreme court hears an appeal regarding a minor procedural error in a trial, where the legal precedent is extremely clear and all justices agree on the outcome. Instead of assigning a single justice to write a lengthy opinion, the court issues a brief, unsigned per curiam opinion affirming the lower court's decision, indicating it's a straightforward application of established law.

  Explanation: This illustrates a per curiam opinion being used for a routine, unanimous decision where the court's collective agreement is paramount and individual authorship is unnecessary.

• Example 2: In a highly sensitive and politically charged case involving a new interpretation of a state statute, a federal circuit court of appeals wants to present a strong, unified message to avoid any appearance of internal division. After extensive deliberation, the court releases a detailed, but unsigned, opinion outlining its reasoning and conclusion, ensuring the focus remains on the court's collective judgment rather than any single judge's perspective.

  Explanation: Here, the per curiam opinion serves to project judicial unity and authority on a significant matter, emphasizing the court's institutional voice over individual judicial identities.

• Example 3: A court of appeals receives an appeal where the trial court's judgment directly contradicts a very recent and binding precedent set by the same appellate court. The appeals court quickly issues a summary reversal of the trial court's decision through an unsigned per curiam opinion, signaling that the lower court's error was clear and required immediate correction based on existing law.

  Explanation: This example demonstrates a per curiam opinion being used for a quick, decisive action where the legal issue is considered settled and the court's collective authority is exercised to correct an obvious legal misapplication.