Summary affirmation is a procedural means of affirming a lower decision without hearing further argument. Summary affirmations are governed by state and federal laws, which vary by jurisdiction.
The following is an example of a state law dealing with summary affirmation:
138.225 Summary affirmation; when allowed. In reviewing the judgment of any court under ORS 138.010 to 138.310, the Court of Appeals, on its own motion or on the motion of the respondent, may summarily affirm, without oral argument, the judgment after submission of the appellant’s brief and without submission of the respondent’s brief if the court finds that no substantial question of law is presented by the appeal. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny or, if the petitioner does not oppose the motion, grant a respondent’s motion for summary affirmation. A dismissal of appeal under this section constitutes a decision upon the merits of the appeal. [1995 c.295 §2]
