“Per curiam” means a legal opinion issued in the name of the court, not a specific judge. Rules vary by country and court. Decisions per curiam can be oral or written and are used for non-contentious matters. They can be appealed like other legal rulings. Legal scholars debate the need for judges to sign decisions.
The Latin phrase “per curiam” means “by the court” and is used to indicate that a legal opinion is issued in the name of the court, not in the name of a specific judge. The rules on issuing opinions and judgments per curiam vary according to the country and the court. Higher courts, for example, tend to issue signed judgments and opinions more commonly, while lower courts may offer pro curiam decisions on a more regular basis.
A court may offer an oral or written judgment per curiam because it believes the matter is not contentious, with such decisions used to dispense matters quickly before the court. When a matter is complicated or of a more contentious nature, the judge usually signs the opinion, not least because the opinion can go into case law and judges appreciate seeing their names in print. Judges may also want to make clear their involvement in the record decision.
Decisions per curiam are no more or less valid than decisions signed by judges. They may indicate a unanimous decision by the court, but this is not necessarily the case. Like other legal rulings, they can potentially be appealed if someone believes the ruling was made in error or that there were issues in court that may have obstructed justice, such as incomplete information or tampering with evidence.
In cases where multiple judges are involved in hearing a case and delivering a judgment, a per curiam decision is written by one or more judges, but not signed by anyone in the court, and is rendered in the name of the court. Conversely, a court may have a unanimous decision and opinion signed by all the judges. Courts may also divide on their judgment, in which case a written dissenting opinion may be issued by a judge of the opposing party; multiple judges can also write opinions. In all these cases, the judges sign their opinions with their names and attach their names to their sentences.
Legal scholars sometimes discuss per curiam sentences; some believe that there is no reason for judges not to attach their names to legal decisions and that decisions should not be issued in the court’s name. Others believe there is no need for judges to sign incontrovertible sentences and defend the right of courts to issue decisions per curiam.
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