CHAPTER 4CASE STUDY – LATIN EXPRESSIONS FREQUENTLY USED INCOURTROOMS AND LEGAL DOCUMENTSA number of Latin terms are used in legal terminology and legal maxims. This is a shortlist of these
terms, which are wholly or substantially drawn from Latin.
Is a legal Latin phrase, literally translated as
friend of the court
, that refers tosomeone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. Theinformation may be a legal opinion in the form of a brief, a testimony that has not beensolicited by any of the parties.Here are some rules of the Supreme Court of United States defining most importantaspects of the use of the
An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to theCourt. An amicus curiae brief that does not serve this purpose burdens the Court,and its filing is not favored.
Rule 37(1), Rules of the Supreme Court of the U.S.
A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court,except that consent or leave shall not be required when the brief is presented by theUnited States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. Amotion for leave shall identify the interest of the applicant and shall state thereasons why a brief of an amicus curiae is desirable. Save as all parties otherwiseconsent, any amicus curiae shall file its brief within the time allowed the party