Define: Per Considerationem Curiae

“Per Considerationem Curiae” is a Latin term that translates to “by the consideration of the court.” It refers to a legal principle where a court takes into account the opinion or advice of a third party, typically an amicus curiae (friend of the court), in making its decision.

“Per Considerationem Curiae” can be invoked when the court believes that the opinion or advice of a third party, such as an amicus curiae, would be valuable in reaching a fair and just decision. It is at the discretion of the court to decide whether to consider the opinion or advice of the third party.

An amicus curiae can be any individual or organisation that has a significant interest or expertise in the subject matter of the case. They are not directly involved in the case but can provide valuable insights or arguments to assist the court in reaching a well-informed decision.

The court considers the opinion or advice of the amicus curiae in addition to the arguments presented by the parties involved in the case. It can influence the court’s decision-making process and potentially impact the outcome of the case.

No, the opinion of an amicus curiae is not binding on the court. It serves as persuasive guidance for the court, but the final decision rests with the judges or justices.

A party can request the court to invoke “Per Considerationem Curiae” by filing a motion or petition, explaining the relevance and importance of considering the opinion or advice of a specific amicus curiae. The court will then decide whether to grant or deny the request.

There are no specific limitations on the number of amicus curiae briefs that can be considered. However, the court may exercise discretion in determining the relevance and significance of each brief and may limit the number if they become excessive or repetitive.

Yes, “Per Considerationem Curiae” can be invoked in various types of legal cases, including civil, criminal, and constitutional matters. It is up to the court to decide whether the circumstances of the case warrant considering the opinion or advice of an amicus curiae.

The purpose of invoking “Per Considerationem Curiae” is to ensure that the court receives a well-rounded perspective on the legal issues at hand. It allows the court to consider additional arguments, expertise, or insights that may not have been presented by the parties directly involved in the case.

Yes, the parties involved in the case have the opportunity to challenge or rebut the opinion of an amicus curiae. They can present counter-arguments or evidence to contest the points raised by the amicus curiae, allowing the court to consider multiple perspectives before making a decision.