The direct or indirect links between the figure of the amicus curiae and Roman legal experience are still debated. [2] [3] [4] [5] [6] Some scholars explain the Latin expression simply by saying that the language of the cultural elites (including jurists) of the Anglo-Saxon world of the past was Latin, so many Latin legal concepts spread in English law before and thus in the law of the United States. [7] [8] [9] The Italian academic Giovanni Criscuoli concedes the theoretical possibility of finally comparing it with the Roman figure of the “consiliarius”, but concludes that “it is a figure of exclusively Anglo-Saxon blood”. [10] The first WTO case in which the admissibility of amicus curiae briefs was examined exhaustively was US – Shrimp. [24] The case involved a U.S. import ban on all shrimp and shrimp products not caught using turtle exclusion devices. The trial panel rejected the two amicus curiae briefs submitted by environmental groups on the grounds that they were not specifically requested by the panel pursuant to Article 13 of the WTO Dispute Settlement Agreement. [25] This decision was overturned by the Appellate Body, which ruled that a panel has the power to accept, review or reject pleadings under Articles 12 and 13 of the LDA, whether or not they were specifically requested. [26] The U.S. Supreme Court has special rules for filing amicus curiae briefs in cases pending before it.
Article 37 of the Supreme Court states, inter alia, that such oral argument must be on “relevant issues” that are not dealt with by the parties and “may be of considerable assistance”. [16] The cover page of an amicus curiae letter must indicate which part of the letter supports, or whether the letter supports only the assertion or rescission. [17] The Court also requires all non-governmental amici to designate those who make a financial contribution to the preparation or presentation of the pleading. [18] Procedural documents must be drawn up in pamphlet form and 40 copies must be served on the Court. [19] The role of amicus curiae briefs in the World Trade Organization (WTO) dispute settlement system is controversial. The controversy stems from the governmental nature of WTO disputes. [22] Since only WTO members have access to the system, non-members such as non-governmental organizations (NGOs) are excluded and do not have the right to be heard. [23] The only way for them to contribute to a WTO ruling is therefore through amicus curiae pleadings. To date, there are different approaches in the WTO to the admissibility of such procedural acts. [23] Nglish: Amicus Curiae Translation for Spanish Speakers In addition to all the usual features of a good appeal brief, the purpose and relevance of an amicus curiae letter must be clear from the first page. When I was a justice on the Supreme Court of Georgia, most of my colleagues and I tended to ignore it when a cursory review of the brief suggested that it was simply a repetition of a partisan order. I cannot talk about filing amicus curiae briefs without sharing their excellent marketing potential.
When used correctly, this type of briefing can tell you and your organization how much you care about a particular issue. It can also demonstrate your ability to act. These briefings are perfect for those who want to get positive media coverage, especially of a high-profile case. You can find a case where you feel strong to reach that high level of the justice system. Even if you are not one of the parties to the case, there may be a way to express yourself using a tool I saw many times when I was a judge: the amicus curia letter. amicus curiae (Latin: “friend of the court”), someone who assists the court by providing information or advice on questions of law or fact. He is not a party to a dispute and is therefore distinguished from an intervener who has a direct interest in the outcome of the dispute and can therefore participate as a party to the proceedings. Rule 37 of the Rules of the Supreme Court of the United States prescribes the content, format and circumstances of amicus curiae briefs submitted to the Supreme Court of the United States. In U.S.
law, an amicus curiae generally refers to what is referred to as an intervener in other jurisdictions: a person or entity seeking legal submissions to offer a relevant alternative or additional perspective with respect to the issues in dispute. In U.S. courts, amicus curiae may be called an amicus curia letter. In other jurisdictions, such as Canada, an amicus curiae is a lawyer who is asked by the court to make legal submissions on issues that would not otherwise be properly resolved, often because one or both parties are not represented by counsel. [ref. needed] Another situation in which an amicus curiae may be appointed is when an accused is represented in a trial for crimes such as sexual assault or assault in the context of domestic violence. An unrepresented defendant has the right to cross-examine lenient witnesses, but it may not be desirable to allow him, for example, to personally cross-examine the complainant. Accordingly, the Penal Code allows the judge to order that the accused not personally cross-examine the witness and to appoint an uninvolved lawyer to cross-examine the accused. [34] Another common reason for filing an amicus curiae letter is that you have in-depth knowledge of a subject and want everyone to share it. Your goal would also be to introduce the court to this knowledge by training judges. This type of briefing is usually reserved for field experts and academics who can bring experience. There are good reasons to submit an amicus curiae letter.
It all depends on what you want to achieve. Here are some of the best reasons to use this important tool. The most frequently mentioned situation in the press is when an interest group files a brief in a case before an appellate court where it does not plead. Appeal procedures are generally limited to the facts and arguments of the case challenged by the lower court; Lawyers focus on the facts and arguments that are most favorable to their clients. While a case may have broader implications, amicus curiae briefs are a means of expressing these concerns, so that the potentially far-reaching legal or public impact of the court`s expected decisions does not depend solely on the positions and arguments of the parties directly involved in the case. In the United States, amici curiae often file amicus curiae briefs with the courts at the appellate stage, although it is possible to file an amicus curiae brief in the federal district court. Amici may support a party or write neutrally in its pleadings. Amici advises and assists the courts in legal matters. Amici draw the attention of the court to certain legal issues that may have escaped the attention of the court or the parties.
The role of an amicus curiae is limited to deliberation, he cannot participate in the dispute as a party or as a lawyer for a party. For those who are experts or academics in a particular field, amicus curiae briefs are a great way to get your name out there. Filing an amicus curiae letter lets many people know that you have expertise in a field and that you are available as an expert witness on the subject. Ideally, you should also try to educate the court on the issue while broadening your community profile on the topic. The role of an amicus curiae is, from Salmon LJ (as Lord Salmon was then) in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 on p. 266 F-G: Amicus generally refers to the expression amicus curiae (plural: amici curiae), which means “friend of the court”. An amicus curiae is a person or organization that is not a party to a lawsuit, but that voluntarily appears or is summoned to court to deliberate on an issue before a court. Not-for-profit organizations also find amicus curiae briefs to be an excellent way to educate the court on certain issues. These organizations tend to have certain worldviews on specific topics that they have studied extensively. For example, if a court decision affects a not-for-profit organization or its objectives, the organization may file an amicus curiae brief.
These sample sentences are automatically selected from various online information sources to reflect the current use of the word “amicus curiae”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. In the truest sense of the word, friend of the farm. A person with a strong interest or views on the subject matter of an application, but who is not a party to the dispute, may apply to the court for leave to file a pleading, supposedly on behalf of a party, but in fact to propose a statement of reasons in accordance with his or her own views. These amicus curiae briefs are generally filed in appeal proceedings on issues of general public interest; for example, civil rights cases. They can be submitted by individuals or the government. In appeals to U.S. courts of appeals, an amicus curiae letter may be filed only if accompanied by the written consent of all parties, or leave granted upon application or request of the court, except that consent or permission is not required if the brief is submitted by the United States or any of its officials or agencies.
In Canadian law, an amicus curiae is a lawyer rather than an outside body that is asked by the court to make statements so that legal issues affecting the interests of all parties are properly investigated. If one of the parties (e.g. The accused is not represented in the criminal proceedings (and is not entitled to legal aid or refuses to apply for legal aid) and the judge fears that this party may be significantly disadvantaged and risk a miscarriage of justice, the judge may appoint a lawyer as amicus curiae.
