What is an amicus curiae brief?
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What is an amicus curiae brief?
 
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Chuckie O
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"Friend of the court."
It is a brief by a group or individual that has interest in the outcome of a case, but has no standing to actually take part in the case, and just can't keep their "mouth" shut. |
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leegleze
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First, amicus curae means "a friend of the court". The brief is a statement presented to, usually, an appeal court by a person or lawyer who is not the "counsel of record" for that case. For example: The Plaintiff (P) was injured by a car driven by the Defendant (D). In a lower court, the P was awarded an outrageous amount of compensation for his injuries. The D appeals the decision of the lower court. Both the P and the D had their own "counsel of record".
In order to make the P's case on appeal, his insurance company hires their own lawyer to speak on its behalf. While the insurance company has an external involvement in the case, it is neither the P or the D. Thus, the lawyer the company hires is an "amicus curae", not a "counsel of record". The statement he makes to the court from the insurance company's point of view is called an amicus curae brief.
Hope this helps. |
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