Amicus curiae facts for kids

An amicus curiae (pronounced ah-MEE-kus KOO-ree-eye) means "friend of the court." It's someone who is not directly involved in a court case but offers helpful information to the court. This information can be a written legal opinion or a report, often called an amicus brief. It helps the court understand different viewpoints that the main parties might not bring up. The court decides if it wants to use this information. The phrase amicus curiae comes from Latin.

History of the "Friend of the Court"

The idea of a "friend of the court" started a very long time ago in Roman law. It became an important part of both English and American legal systems. Later, this practice was also used in international law, especially for cases about human rights. Today, courts like the European Court of Human Rights and the Inter-American Court of Human Rights use it.

Why "Friends of the Court" Help

Often, a group that cares about a certain issue will send an amicus brief to a court. This happens a lot in higher courts, like an appellate court, where cases are reviewed. Usually, the lawyers in a case focus only on what helps their clients. But if a court's decision could affect many other people or groups, amicus curiae briefs allow those concerns to be heard. This helps judges make decisions that consider a wider impact.

In big cases, the "friends of the court" are often large organizations. For example, in the United States, non-profit groups like the American Civil Liberties Union often send in these briefs. They want to support or oppose a certain legal change. If a court case might affect an entire industry, other companies that are not part of the lawsuit might also want to share their views. Even states can file briefs if a court case might affect their laws. For instance, in the case of McDonald v. Chicago, many states sent briefs to the Supreme Court of the United States.

Sometimes, people write articles or blogs about a court case. While these can influence public opinion, they are not officially considered amicus curiae. This is because they don't formally send documents to the court.

Rules for the U.S. Supreme Court

The Supreme Court of the United States has special rules for amicus curiae briefs. These rules say that a brief should share "relevant matter" that the main parties haven't talked about. This information "may be of considerable help" to the court. The brief must clearly state which side it supports in the case. Also, any non-government groups writing a brief must say who paid for it.

Usually, a "friend of the court" needs to ask the court for permission to file a brief. This is not needed if the brief comes from the federal government or a U.S. state. It is very rare for an amicus curiae to be allowed to speak in court.

"Friends of the Court" in World Trade

The role of amicus curiae briefs in the World Trade Organization (WTO) is a bit controversial. The WTO deals with trade disputes between countries. Only WTO member countries can directly take part in these disputes. This means groups like non-governmental organizations (NGOs) cannot speak directly. So, the only way for them to share their ideas in a WTO decision is by sending amicus curiae briefs.

See also

In Spanish: Amicus curiae para niños