Amicus curiae

Amicus curiae (Latin, plural amici curiae) is defined as, "A friend of the court. One not a party to a case who 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". http://courts.delaware.gov/How%20To/court%20proceedings/?ccpglossary.htm. 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.

Related Topics:
Latin - Brief

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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.

Related Topics:
Appellate court - Litigant - Lower court

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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.

Related Topics:
American Civil Liberties Union - Electronic Frontier Foundation - United States - Federal courts - Constitutionality

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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.

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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.

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