For all its strengths, our adversary system has its shortcomings. Since the parties control the presentation of their case, if a fact or law is not in a party’s interest to bring up, the judge may never hear of it, however relevant it may be.
To overcome this shortcoming, the court can, in exceptional circumstances, summon the assistance of an amicus curiae. The purpose of an amicus curiae, Latin for “friend of the court,” is to inform and advise the judge of factual or legal matters that might otherwise escape consideration, so as to minimize the risk of error in judgment.
Amicus Curiae: Friend of the Court…to Befriend the Crown?
The Advocates’ Journal, Spring 2018