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Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P30

Gale Encyclopedia of American Law Volume 1 P30 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 278 AMICABLE ACTION AMICABLE ACTION An action commenced and maintained by the mutual consent and arrangement of the parties to obtain a judgment of a court on a doubtful question of law that is based upon facts that both parties accept as being correct and complete. The action is considered amicable because there is no dispute as to the facts but only as to the conclusions of law that a judge can reach from consideration of the facts. An amicable action is considered a justiciable controversy because there is a real and substantive disagreement between the parties as to the appropriate relief to be granted by the court. Other names for an amicable action are a CASE AGREED ON a CASE STATED or a FRIENDLY SUIT. AMICUS CURIAE Literally friend of the court. A person with strong interest in or views on the subject matter of an action but not a party to the action may petition the court for permission to file a brief ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest e.g. civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals an amicus brief 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 the United States or an officer or agency thereof. An amicus curiae educates the court on points of law that are in doubt gathers or organizes information or raises awareness about some aspect of the case that the court might otherwise miss. The person is usually but not necessarily an attorney and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case nor an attorney in the case but must have some knowledge or perspective that makes her or his views valuable to the court.