Tag: #law

Hii to all my viewers. Today we shall grasp the central idea of ‘AMICUS CURIAE’. I hope the lucid language of this article makes it easier for you all to understand how it’s effective as dispute mechanism. Only the most significant points have been laid down in a briefs format. So let’s get started…

pronunciation : Ah-MEEK-us K-YUR-ee-ay

origin : Latin

• MEANING : An Amicus Curiae is a legal latin phrase which literally means “Friend of the court”. An Amicus Curiae is someone who is not a party or a litigant to a case and need not solicited by a party but who assists the court by imparting and offering information, expertise or submissions on a point of law which has a bearing on the issues of a case before the court.

• ROLE : The role of an amicus is often confused with that of an intervener. The role of an amicus is, as stated by Salmon LJ ( as Lord Salmon then was) in Allen v Sir Alfred McAlpine & Sons Ltd {1968} as elaborated as under ;

“I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf”.  

• IN A BRIEFS FORM : Amici most commonly file briefs to offer legal reasoning to aid a particular party, but may also offer in-court testimony or file factual affidavits.

• INTERNATIONAL COURT OF JUSTICE : The briefs of Amicus Curiae are also submitted in the International Court of Justice which can be found in the practices and procedures of International Courts and Tribunals , and in the dispute settlement proceedings of the WTO as well. In the International Court of Justice (ICJ),the amicus curiae briefs submissions are clearly accepted as designated in Article 34(2) of the Statute of the International Court of Justice, although the provision indicates that amicus curiae briefs submissions can only be made by international governmental organisations.

• IN CRIMINAL AND CIVIL MATTERS : If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved.