direct stake meaning

[shahar]

Jurisdiction

Middle East

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Amicus brief – Commonly known as a "friend of the court" brief. An amicus brief provides individuals or organizations (such as government agencies or disability organizations) without a direct stake in the lawsuit to provide information or legal arguments to the court.
What is the meaning of expression: direct stake?

 

[Tax Counsel]

My answer is for law in the U.S. The answer may be different for litigation in other nations. Those with a direct stake in the lawsuit are those persons/entities that are parties to the court case and will be bound by the court's decision in the case. For example, if I sue the U.S. government for a refund of part of the federal income tax I paid for tax year 2022, the parties to the case are the federal government and myself. The federal government and I, as parties to the case, are the ones that are directly bound by the decision in the case. The parties to the case already provide to the court briefs with the relevant facts and our arguments on the law and have no need to file an amicus brief.

But if, for example, the outcome would affect a lot of small businesses, an organization like the National Federation of Independent Businesses (NFIB) might want to weigh in with its own arguments on behalf of its member businesses. In that circumstance, the NFIB may want to submit an amicus brief to the court hearing the matter (typically when the case is before an appeals court) to make the case for an outcome favoring their member businesses. The Supreme Court explains the rules for being able to file an amicus brief in a case before that court here: US Supreme Court Amicus Guide

 

[shahar]

My answer is for law in the U.S. The answer may be different for litigation in other nations. Those with a direct stake in the lawsuit are those persons/entities that are parties to the court case and will be bound by the court's decision in the case. For example, if I sue the U.S. government for a refund of part of the federal income tax I paid for tax year 2022, the parties to the case are the federal government and myself. The federal government and I, as parties to the case, are the ones that are directly bound by the decision in the case. The parties to the case already provide to the court briefs with the relevant facts and our arguments on the law and have no need to file an amicus brief.

But if, for example, the outcome would affect a lot of small businesses, an organization like the National Federation of Independent Businesses (NFIB) might want to weigh in with its own arguments on behalf of its member businesses. In that circumstance, the NFIB may want to submit an amicus brief to the court hearing the matter (typically when the case is before an appeals court) to make the case for an outcome favoring their member businesses. The Supreme Court explains the rules for being able to file an amicus brief in a case before that court here: US Supreme Court Amicus Guide

O.K. what is the definition of stake?
(I see so many definitions so I can't decide which definition is suitable to this word in this context)

 

[adjusterjack]

A "stake" is something that can result in a gain or a loss depending on the outcome of the issue at hand.

Parties to litigation have a direct stake because they can potentially gain or lose money, or be compelled to do or not do something that was in contention. In a criminal case it's their freedom that is at stake.

An amicus without a direct stake in the outcome has nothing tangible to gain or lose.

Example: You go to the horse races and bet on a horse. Your bet is a direct stake in the outcome of the race because you can either win money or lose money. OTOH, if you don't bet on the horse, just cheer it on, you have no direct stake because you have no money at risk.

 

[Tax Counsel]

Having a stake, in this context, means that the decision in the case will impact you, whether it's defining rights that you have, or a determination that will affect you financially, etc. A stake may be either direct or indirect. The person who are directly affected by the decision in the case are the parties to it. Those who are not parties to the case but nevertheless are in a situation where the ruling will affect them would have an indirect stake.