Definition
Amicus Curiae (Latin for “friend of the court”) is a legal term referring to an individual, organization, or entity that is not a party to a legal case but is invited by the court to provide information, expertise, or insight that may aid in the court’s decision-making. The amicus curiae does not have the right to initiate legal proceedings but can submit a brief (called an amicus brief) or provide oral testimony as requested by the court.
Examples
- The United States Solicitor General often files amicus curiae briefs in cases before the U.S. Supreme Court, particularly those involving federal interest.
- Non-Governmental Organizations (NGOs), such as the ACLU or Human Rights Watch, may submit amicus curiae briefs in key civil rights cases to offer perspectives on legal and social issues.
- Trade Associations, like the American Medical Association (AMA), may act as amicus curiae in cases that affect healthcare regulations.
- Universities might file amicus briefs in cases involving affirmative action policies to defend their admissions practices.
Frequently Asked Questions
What is the role of an amicus curiae in the judicial process?
The primary role of an amicus curiae is to offer additional information, expertise, and relevant insights that the court may not otherwise have access to, thereby aiding in a more well-rounded decision-making process.
Can an amicus curiae help win a case?
While an amicus curiae cannot directly “win” a case, their contributions can be significantly influential. The information and analysis provided can help sway judicial opinion or highlight critical points that affect a case’s outcome.
Is an amicus curiae brief binding in court?
No, an amicus curiae brief is not binding. It’s purely informational and intended to provide supplementary perspectives for the court’s consideration.
Who can be an amicus curiae?
Any individual or organization deemed to have relevant expertise or a vested interest in the case’s outcome can be granted amicus curiae status by the court. This includes governmental entities, non-profits, trade associations, academic institutions, and more.
How does one become an amicus curiae?
The court must invite the individual or organization to participate as an amicus curiae. Typically, a petition or motion is filed detailing the applicant’s interest and expertise in the case.
Related Terms
- Amicus Brief: A document submitted by an amicus curiae to the court, offering information, expertise, or insight relevant to the case.
- Intervener: A third party who joins ongoing litigation because the case’s outcome may affect their rights or interests.
- Testimony: A formal written or spoken statement, given in a court of law.
- Judicial Review: The power of courts to assess whether a law, policy, or executive action is in alignment with the constitution or not.
Online References
- Wikipedia - Amicus Curiae
- Investopedia - Amicus Curiae
- United States Courts - Amicus Briefs
- Legal Information Institute - Amicus Curiae
Suggested Books for Further Studies
- “The Amicus Curiae in International Criminal Justice” by Sarah Williams
- “Friend of the Court: On the Frontier of Constitutional Law” by Michael Ashburner
- “The Role of Amicus Curiae in the US Supreme Court”, by Samuel Krislov
- “Nineteenth Century Paradox: Amicus Curiae Benefit or Burden?” by Clement M. Pomeroy
- “Amicus Curiae Before International Courts and Tribunals” by Arman Sarvarian
Fundamentals of Amicus Curiae: Law Basics Quiz
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