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Encyclopedia > Amicus curiae

Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court," that refers to a person or entity that is not a party to a case that volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it". [1]. The information may be a legal opinion in the form of a brief, testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court. It has been suggested that this article or section be merged with List of legal Latin terms. ... Brief redirects here. ...


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, and 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. It has been suggested that this article or section be merged into Appeal. ... Categories: Move to Wiktionary | Law stubs | Legal terms ... The phrase lower court has several possible meanings in English: In reference to an appeal, the lower court is the court whose decision is being reviewed. ...


In prominent cases, amici curiae are generally organizations with sizeable legal budgets. Non-profit legal advocacy organizations such as the American Civil Liberties Union or the Electronic Frontier Foundation frequently submit such briefs to advocate for or against a particular legal change or interpretation. If a decision could affect an entire industry, companies other than the litigant(s) may wish to have their concerns heard. In the United States, Federal courts often hear cases involving the constitutionality of state laws: other states may file briefs as amici curiae when their laws are likely to be affected. The American Civil Liberties Union (ACLU) is a major national non-profit organization based in New York City, whose stated mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States. ... EFF Logo The EFF uses the blue ribbon as symbolism for their Free Speech defense. ... The term federal court, when used by itself, can refer to: Any court of the national government in another country that has a federal system such as that of the United States (United States federal courts) or Mexico In some countries, a particular court, for example, the Federal Court of... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ...


Amici curiae that 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 using his expertise. An economist, statistician, or sociologist may choose to do the same.


The court has broad discretion to grant or deny permission to act as amicus curiae. Generally, cases that are very controversial will attract a number of such briefs.


Legal interpretations

"... a phrase that literally means 'friend of the court' -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest." William H. Rehnquist, The Supreme Court, page 89. William H. Rehnquist has served as the Chief Justice of the United States since 1986. ...


Rules defining use in the United States

"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored." Rule 37(1), Rules of the Supreme Court of the U.S.


"FRAP 29. BRIEF OF AN AMICUS CURIAE A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for a later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons." Rule 29. Federal Rules of Appellate Procedure (FRAP). A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ... A territory is a defined area (including land and waters), usually considered to be a possession of an animal, person, organization, or institution (from the word terra, meaning land). In politics, a territory is an area of land under the jurisdiction of a governmental authority. ... The English noun Commonwealth dates originally from the fifteenth century. ...


  Results from FactBites:
 
Amicus curiae - Wikipedia, the free encyclopedia (488 words)
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.
"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court.
A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable.
Amicus - Wikipedia, the free encyclopedia (1111 words)
Amicus is the United Kingdom's second-largest trade union, and the largest private sector union, formed by the merger of several unions including MSF (Manufacturing Science and Finance) and the AEEU (Amalgamated Engineering and Electrical Union) agreed in 2001.
Amicus also organises in both parts of Ireland and is affiliated to the UK Trades Union Congress and the Irish Congress of Trade Unions.
Amicus conferences are organised on a two-yearly cycle with national Policy Conferences taking place in odd-numbered years, and sectoral, national equality and regional branch conferences being held in the intervening years.
  More results at FactBites »


 

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