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It is often said that the role of intervenors is to "assist" the court in making a just decision on the dispute at hand. It is true that judges sometimes indicate that intervenors have aided the court in reaching a decision, the use of the word "assist" can be seen as misleading in that it implies the intervenor is acting altruistically.
The role of an amicus was described by Lord Justice of Appeal Cyril Salmon in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G: . I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf.
A court reviewing the decision-maker's decision must decide whether the decision reflects a proportional balancing of the Charter protections in play. In applying the above analysis to Doré's case, the Court found that the issue was how to balance the right of freedom of expression and making open criticism of the judicial process with the ...
“The Court has concluded that the intervenors’ positions are insufficient to prohibit the return of the emerald to Brazil,” Watson wrote in the ruling. “The Court must therefore enforce ...
The Supreme Court of the United States handed down nine per curiam opinions during its 2021 term, which began October 4, 2021 and concluded October 2, 2022. Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the ...
The lawsuit named as defendants the Attorney General of British Columbia, the Attorney General of Canada, and two groups of intervenors who opposed the plaintiffs' claim. . These groups, named by Steeves as "Patient Intervenors" and "Coalition Intervenors," were, respectively, a four-person group of non-expert citizens who said they "experienced harm while being treated by physicians engaging ...
The conservationist-intervenors filed a response in support of the federal defendant's motion to dismiss, but argued separately that while the court may review a Presidential monument proclamation, the court should dismiss the plaintiff's complaint because it fails to state a claim for relief under the Federal Rules of Civil Procedure 12(b)(6 ...
Unlike the two out-of-state plaintiffs that already sued an abortion provider under SB8 in state court (one of whom has since intervened in the federal case), the three would-be intervenors in United States v. Texas said they planned to sue abortion funders in the future. They are residents of Texas, but are adamant that the Texas Attorney ...