Amicus curiae — Википедия

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An amicus curiae literally, ' friend of the court '; plural, amici curiae is someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that bears on the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae is legal Latin. The amicus curiae figure originates in Roman law. Later, it was introduced in international law , in particular concerning human rights. From there, it was integrated in some civil law systems it has recently \\\\\\\\\\\\\\\[ when? The role of an amicus is often confused with that of an intervener. I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf. The situation most often noted in the press is when an advocacy group files a brief in a case before an appellate court to which it is not a litigant. Appellate cases are normally limited to the factual record and arguments coming from the lower court case under appeal; attorneys focus on the facts and arguments most favorable to their clients. Where a case may have broader implications, amicus curiae briefs are a way to introduce those concerns, so that the possibly broad legal effects of court decisions will not depend solely on the parties directly involved in the case. In prominent cases, amici curiae are generally organizations with sizable legal budgets. If a decision could affect an entire industry, companies other than the litigants may wish to have their concerns heard. In the United States , federal courts often hear cases involving the constitutionality of state laws. Hence states may file briefs as amici curiae when their laws are likely to be affected, as in the Supreme Court case McDonald v. Chicago , when thirty-two states under the aegis of Texas and California independently filed such briefs. Amici curiae who do not file briefs often present an academic perspective on the case. For example, if the law gives deference to a history of legislation of a certain topic, a historian may choose to evaluate the claim from specialized expertise. An economist, statistician, or sociologist may choose to do the same. Newspaper editorials, blogs , and other opinion pieces arguably have the capability to influence Supreme Court decisions as de facto amici curiae. The Supreme Court of the United States has special rules for amicus curiae briefs sought to be filed in cases pending before it. Supreme Court Rule 37 states, in part, such a brief should cover 'relevant matter' not dealt with by the parties which 'may be of considerable help'. In the United States Supreme Court, unless the amicus brief is being filed by the federal government or one of its officers or agents or a U. Allowing an amicus curiae to present oral argument is considered 'extraordinary'. The controversy arises due to the governmental nature of WTO disputes. To date \\\\\\\\\\\\\\\[ when? The panel at first instance rejected the two amicus curiae briefs that were submitted by environmental groups, on the basis they were not expressly solicited by the panel under Article 13 of the Dispute Settlement Understanding of the WTO. The next significant case to deal with amicus curiae briefs was EC — Asbestos, where the French government banned domestically produced and imported asbestos products. On appeal, the Appellate Body relied on Rule 16 1 of the Working Procedures for Appellate Review to create additional procedures to deal with the amicus curiae briefs. From Wikipedia, the free encyclopedia. Not to be confused with Litigation friend. Archived from the original on 17 May Archived from the original on 21 July Archived from the original PDF on Retrieved April 25, Supreme Court of the United States. Capitol Chamber — U. List of all members by court by seat by time in office by education succession timeline List of Chief Justices List of Associate Justices All nominations Unsuccessful nominations Nominations near end of presidency Court demographics Justices who served in Congress Ideological leanings. Other countries Law Portal. Retrieved from ' https: Roman law Legal documents Latin legal terminology. Use dmy dates from January All articles with unsourced statements Articles with unsourced statements from October All articles with vague or ambiguous time Vague or ambiguous time from February Vague or ambiguous time from December Views Read Edit View history. This page was last edited on 23 October , at By using this site, you agree to the Terms of Use and Privacy Policy.

Amicus curiae — Википедия

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