b*****d
发帖数: 61690 | 1 是不是违宪？Kagan因为以前在司法部工作。这个大法官不会参与审理。这样出来4：4
，不知道怎么算？ | x*****u
发帖数: 6559 | 2 per curiam decision. Bush v. Gore. | P********a
发帖数: 1377 | 3 看来美利坚乌合之众国的高层已经被阿米哥渗透了。
4
【在 b*****d 的大作中提到】
: 是不是违宪？Kagan因为以前在司法部工作。这个大法官不会参与审理。这样出来4：4
: ，不知道怎么算？
| x*****u
发帖数: 6559 | 4 A split decision effectively upholds the ruling of the lower court (
presumably a state supreme court). In the event of such a tie, the court
typically issues what's known as a per curiam decision. The opinion in such
a decision is issued under the court's name, as opposed to consisting of a
majority and a minority opinion. Justices, however, may attach dissenting
opinions to the per curiam decision if they like.
When a 4-4 deadlock does occur, the case is not deemed to have set any sort
of precedent. Tradition holds that the court's per curiam opinion in such
ties is usually very, very terse, often consisting of no more than a single
sentence: "The judgment is affirmed by an equally divided court." |
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