Amicus curiae

Amicus Curiae is a legal term originating from Latin, which translates to "friend of the court". An amicus curiae is an individual or organization that is not a party to a lawsuit but offers information, expertise, or insight that bears on the case. The information provided can assist the court in making its decision.

History

The concept of amicus curiae has its roots in Roman law, but it has been adapted and expanded in modern legal systems. In the United States, the use of amicus curiae briefs has become a significant part of the Supreme Court's decision-making process.

Role and Function

The role of an amicus curiae is to provide independent, unbiased and reliable information or a perspective that the court may not have heard. The amicus does not represent any party in the case. They are typically invited by the court to provide their opinion, but they can also offer their assistance unsolicited.

Amicus Curiae in Different Jurisdictions

The use and acceptance of amicus curiae vary across different jurisdictions. In the United States, they are commonly used in appellate courts, especially in the Supreme Court. In British law, the role is more commonly referred to as "intervener". The European Court of Human Rights also accepts submissions from amicus curiae.

Criticisms

Despite its widespread use, the role of amicus curiae has been subject to criticism. Some argue that it allows for undue influence in court decisions, while others believe it can lead to an imbalance in representation, favoring groups with more resources to submit briefs.

See Also

• Legal terminology
• Court procedure
• Appellate procedure