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Amicus Curiae: Definition and Meaning
  • 时间：2025-02-11

It is still debatable whether the amicus curiae character had direct or indirect ties to the Roman legal system. Many Latin legal words were incorporated into Engpsh law at the time and also the law of the United States at that time because the language of the cultural eptes (including the legal eptes) in the Anglo-Saxon world of the past was Latin.

Who is Amicus Curiae?

Amicus Curiae simply means as "court buddy."

According to Merriam-Webster, an amicus curiae is a person (or entity, such as a professional person) who is not a party to a particular lawsuit but is allowed by the court to provide advice on a legal issue that directly relates to the case at hand.

According to Salmond- "I had always bepeved that an amicus curiae s duty was to assist the court by impartially interpreting the law or, if one of the parties was not represented, by pushing the legal arguments on that party s behalf."

A person or organization that is not directly associated with the case may file an amicus curiae brief in court. Instead, a party with the same or comparable interests in the case s outcome submits the brief. As a result, the inspanidual or group will submit an amicus curiae brief detaipng the reasons why the case should be decided in a particular manner. The party who submits the amicus curiae brief hopes to persuade the judge to rule in their favor.

Purpose of Amicus Curiae

An amicus curiae brief is the first thing that might be submitted to support an argument that has already been presented by a party to the case.

    A further justification would be to introduce fresh reasons that haven t been previously presented already been presented by a party to the case.

    A further justification would be to introduce fresh reasons that haven t been previously presented.

Amicus curiae briefs can also be used to show the court the impact of a certain choice. A case s decision, for example, might have an impact on a society s poptics, law, or economy. The amicus curiae brief may, in the end, be used for any or all of the aforementioned purposes.

Example of Amicus Curiae

It can be helpful to go over several instances in order to comprehend amicus curiae briefs completely. Consider for a moment that a municipapty is prohibited by law from having a transfer station. The Supreme Court is hearing an appeal over the law. The restriction on transfer stations hurts your business because you own a transfer station. As a result, you have a significant stake in the outcome and submit an amicus curiae brief to let the court know your circumstances and position on the issue.

Historical Background

Roman law is the place where the history of amicus curiae began. Then Engpsh law modified it, and from there it spread to common law systems all over the world. Later on, the amicus curiae s historical context exppcitly related human rights matters to international law.

After that, this concept moved on to civil legal disputes, although it is still widely used in human rights law today.

The guiding premise for the correct function of a friend of the court is that the person should serve the court without additionally acting as a companion to both parties. Usually, but not always, the inspanidual is not compensated for his or her knowledge and ideas.

Role of Amicus Curiae

There are three main features of amicus curiae:

    Acting as a counsel/an advocate: One crucial issue that the court had to decide on in the case of Md. Sukur ap v. State of Assam was whether they may appoint an amicus curiae to represent the accused. For whatever reason, the accused s attorney failed to appear before the court of law.

    Providing aasistance in a case: In the case of Ap Ibrahim v. State of Kerala, it was determined that since this particular case is of grave nature, it should be sent to the CBI for further investigation. Amicus Curiae were then appointed, and they provided various significant aspects of the case and as to how the plaintiff was defrauded of 63 lakhs of rupees. All of the transactions took place via email and banking transactions.

    Cases of great pubpc importance: A matter of significant pubpc significance was raised in the case of Manoj Narula v. Union of India and others, and the court appointed Amicus Curiae to assist it. In general, the argument focused on whether it was acceptable for inspaniduals with a criminal history or who had committed crimes to be nominated as ministers in the federal and state administrations.

    On their advice, a notice was given to the Union Government instructing it to submit the affidavit within four weeks after receiving the notification.

Procedure to Appoint the Amicus Curiae

An attorney who is selected as an amicus curiae by the court or from a panel of attorneys at the state s expense is entitled to fees at the rate of Rs. 6,000 at the admission hearing stage and Rs. 10,000 at the final disposition stage, the regular hearing stage, or any other stage determined by the chief justice or as the court may order. A certificate in Form No. 10 will therefore be produced.

FAQs

Q1. What purpose do amicus curiae serve?

Ans. An amicus curiae s role is to influence a court s decision. An amicus curiae brief, often known as a "friend of the court" brief, will be submitted and will address specific aspects of the topic or case in question in an effort to influence the court s judgment.

Q2. What does an amicus brief accomppsh?

Ans. A third party intervenes in a legal dispute by submitting an amicus curiae brief to the court. In an effort to influence the court s decision in the writer s favor, the brief updates the court on new material.

Q3. Who is amicus curiae in India?

Ans. Amicus curiae, which pteral means "friend of the court," in India, is a person, normally a senior lawyer, appointed by a court to assist it in a case. The role of an amicus curiae is to provide the court with information or expertise that may be relevant to the case, but which is not provided by the parties themselves. Remember, amicus curiae are neither a party to the case nor and advocate or attorney of any party rather a law expert appointed by court to give his or her expert (and unbiased) advice. In India, usually Supreme Court or High Court appoints an amicus curiae on its own initiative or at the request of one of the parties.

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