Legal Definitions - amicus

The term amicus is short for amicus curiae, a Latin phrase meaning "friend of the court." An amicus is an individual or organization that is not directly involved as a party in a legal case but offers information, expertise, or insight to the court.

The purpose of an amicus is to assist the court by providing perspectives, legal arguments, or factual information that the parties themselves might not present. This can be particularly valuable in cases with broad public interest or complex technical issues. An amicus typically submits a written document called an "amicus brief," which outlines their arguments or information. While an amicus can support one side of a dispute, they can also offer a neutral perspective, focusing solely on helping the court make an informed decision. It's important to note that an amicus does not represent any of the parties, cannot argue the case directly, or participate in the litigation beyond their advisory role.

Here are a few examples of how an amicus might participate in a legal case:

• Imagine a lawsuit challenging a new state law that restricts certain types of medical procedures. A national medical association, while not a party to the lawsuit, might file an amicus brief. This brief could explain the medical consensus on the procedures in question, the potential public health implications of the law, and relevant scientific research. This helps the court understand the broader medical context and potential real-world effects beyond the specific arguments of the plaintiff and defendant.

• Consider a case before an appeals court regarding the interpretation of a complex federal tax regulation. A professional organization representing certified public accountants (CPAs) might submit an amicus brief. Their brief could detail how the regulation is practically applied by businesses, the financial industry's understanding of its nuances, and the potential economic consequences of different interpretations. This provides the court with valuable insight into the practical implications of its decision for the wider business community.

• In a landmark environmental case concerning the protection of a specific endangered species, a university's department of ecology, which has conducted extensive research on that species and its habitat, could file an amicus brief. Their brief would present scientific data, ecological models, and expert analysis on the species' vulnerability and the effectiveness of various conservation strategies. This scientific input helps the court weigh the environmental impact of its ruling with robust, independent data.