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"Amicus Curiae" In The United States And Using It For Reference

Posted on:2008-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ChenFull Text:PDF
GTID:2166360212476880Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The system of"amicus curiae"is the important system of the procedure of the action in the U.S.A. The Latin phrase"amicus curiae"means"friend of the court". The term refers to a procedure whereby the court may be informed by persons not parties to a legal action, who are nonetheless particularly informed, interested in the outcome or at least in the law being declared. The definition comports with the historical roots of the practice of amicus filings. Amici provided information, at the court's discretion, in areas of law in which the courts had no expertise or information. From this practice, the common law developed the practice of amicus participation as a means of helping judges avoid errors and in maintaining judicial honor and integrity by acting as the judiciary's impartial friend, providing information beyond the court's expertise. Some have questioned the utility of amicus participation. Criticism has...
Keywords/Search Tags:Amicus Curiae, Legal Opinions, Necessity, Feasibility, Use for reference
PDF Full Text Request
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