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The only reason anyone files a brief as a "friend of the court" is because they have an interest in the outcome. While policy is generally made by the legislature, with the approval of the executive branch and that is usually where lobbyists work, the judicial branch's power to declare a law constitutional or un-constitutional gives them power over policy. So when a policy that the group that pay the lobbyist have an interest in the outcome of comes before the judicial branch on appeal, they might very likely file an amicus curiae brief.
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∙ 11y ago
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∙ 11y agoto show support for one side in a court case
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In a court case is a way for interest groups to share information and educate the court about a particular issue?
They may file an Amicus Curiae brief with the court. The Latin phrase means friend of the court.
A person agency or interest group who is not a party to a case but who has an interest in its outcome may file?
Amicus Curiae
What would a non litigant group or individual that wants to attempt to influence the court in a particular case file?
An amicus curiae brief.
What are Amicus Curiae briefs and who can file them?
The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.The group or individual filing the brief is not a party to the case, and has no legal standing to participate in litigation, but has an interest in the outcome. Often, the amicus presents a point of law or of psychological or sociological relevance to the case.In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.Rule 37(1) of the Rules of the Supreme Court of the United States explains:"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."At the request of chief counsel for either party, the Court may grant a motion of an amicus to participate in the oral argument. In this case, the Petitioner or Respondent (whichever is appropriate) must allocate part of his or her allotted 30 minutes for the amicus argument; the Court does not extend presentation time to accommodate additional speakers.(The last two paragraphs apply only to the Supreme Court of the United States.)Answer Normally, groups that have a financial, political, or philosophical reason to want the court to rule in a particular way in a given case ask the court for permission to file a brief as amicus curiae, and if the court grants permission then the group can do so.Answer In lower court cases, Amicus curiae or friend of the court is someone who brings to the courts attention some point of law or fact something which would otherwise have been overlooked. Usually this would be a member of the bar and occasionally the law officers are asked or are allowed to argue a case in which they are not instructed to appear.
How do outside groups become involved in a legal case?
By filing an Amicus Curiae brief. Amicus curiae is a Latin term meaning "friend of the court". A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity, often in civil rights cases. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.The term may also refer to an outsider who may inform the court on a matter a judge is doubtful or mistaken in a matter of law. An amicus curiae application by a non-relative may be made to the court in favor of an infant or incompetent person. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.
Is an amicus curiae brief permitted in family court?
I suppose that it could be but, in my experience, I have never seen or heard of it being done.Definition follows:Amicus Curiae is a Latin term meaning "friend of the court". A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity, often in civil rights cases. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.The term may also refer to an outsider who may inform the court on a matter a judge is doubtful or mistaken in a matter of law. An amicus curiae application by a non-relative may be made to the court in favor of an infant or incompetent person. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.
How do you write a character letter to a judge for joint custody?
What you're wanting if a "Friend of the Court" or Amicus curiae document. See link below. Before doing so, consider the Relate Link addressing the harm Sole Custody will do to the child.
What does the legal pharse mean friend of the court?
"amicus curiae" is a term from New Latin, meaning "friend of the court,"* and usually refers to an attorney not directly involved in the case either personally or professionally, and supposedly neither for the plaintiff nor for the defendant. However, this attorney usually represents someone or some group with an interest in the outcome, as when both pro choice and pro life groups hire attorneys to file briefs with the judge expounding on their point of view in a case of an individual suing a clinic, an insurance company, or a governmental agency regarding a particular instance involving abortion .The plural term is "amici curiae,"* when several attorneys enter the case in such a manner. They are often invited by the court, or apply to the court (the judge trying the case, really) for permission to do so.*Since "curiae" is itself the plural of "curia," Latin for "court," these phrases literally mean friend or friends of the courts; while "friend of the court" would literally be translated as "amicus curia," but virtually no judge or attorney cares enough about Latin grammar anymore to bother with this fine distinction.
What do interest groups file to lobby the US Supreme Court?
Lobbying is the process of trying to influence government decisions, and usually carries the negative connotation of secret negotiations, bribes and exchanged favors. Special interest groups and other parties aren't able to lobby the Supreme Court Justices in the same way they lobby Congress because they don't have direct access to the Justices or their staff, and there is no ostensible incentive on the Court's part to accept outside viewpoints.The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.Rule 37(1) of the Rules of the Supreme Court of the United States explains:"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."On very rare occasions, the Court may grant a motion of an amicus curiae to participate in the oral argument.
If a lawyer withdraws from a criminal case can the lawyer still file motions on that case in Massachusetts?
No because he has already withdrawnAdded: If he has withdrawn from the case, he no longer has "standing" to represent his now ex-client.Conceivably, they COULD file an Amicus Curiae (Friend of the court) brief regarding the case, but that would be most unusual.
What is an amicus cruiae brief?
It is a "friend of the court" brief. In important cases (typically in the US Supreme Court, but sometimes in other courts), organizations that are not involved in the dispute sometimes file briefs, inserting an argument for why the court should rule one way or the other. For example, in a case like Brown v. Board, where an individual is suing the school system asking that the schools be racially integrated, the court must determine whether or not it is legal for the system to segregate schools. Organizations such as NAACP would file amicus briefs, arguing that segregating is illegal.
How do special interest groups influence the making of the law?
they send letters to government officials (studyisland)Lobbying is the process of trying to influence government decisions, and usually carries the negative connotation of secret negotiations, bribes and exchanged favors. Special interest groups and other parties aren't able to lobby the Supreme Court Justices in the same way they lobby Congress because they don't have direct access to the Justices or their staff, and there is no ostensible incentive on the Court's part to accept outside viewpoints.The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.Rule 37(1) of the Rules of the Supreme Court of the United States explains:"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."On very rare occasions, the Court may grant a motion of an amicus curiae to participate in the oral argument.
