Advisory Opinion Definition in Legal Terms

The Supreme Court Act gives the federal Cabinet the power to refer questions to the Supreme Court of Canada on all legal matters. [4] The Supreme Court then has jurisdiction to hear the request for a preliminary ruling, as well as an appeal. The Attorney General of Canada participates in a federal referral. Provincial and territorial attorneys general have the right to intervene and interested parties can request intervention. The parties submit detailed written statements to the court, which then holds a hearing. As a general rule, it reserves the right to take its decision and subsequently publishes a written statement. It is at the discretion of the Court to refuse to answer questions that are too ambiguous or do not give a meaningful answer. Referring to the condemnations expressed in Bisamkrat, Supreme Court Justice Felix Frankfurter wrote in reference to expert opinions: “Any tendency to deal with constitutional issues in the abstract, to formulate them in the form of sterile questions of law, leads to . sterile conclusions that have nothing to do with reality. In Canadian law, the mechanism of the question asked is equivalent to an opinion. The Constitution of Australia prohibits the Supreme Court of Australia from giving opinions; A binding decision requires controversy between two parties.

[1] [2] [3] During certain episodes in Australian legal history, such as the Australian constitutional crisis of 1975, politicians have sometimes sought the informal advice of Supreme Court judges in their personal capacity. “Even the United States cannot get an opinion on the constitutionality of Texas law by suing Texas. Expert opinions are the Commission`s official responses to questions about how the Federal Campaign Finance Act is applicable to certain factual situations. 1. If, at any time, the President considers that a question of law or fact has arisen or may arise which is of such a nature and public importance that it is appropriate to seek the opinion of the Supreme Court on that court, he may refer the matter to that court for examination and the Court may, after a hearing: which it deems appropriate to communicate its opinion to the President in this regard. Expert opinions are given when there is no case or controversy. Although they are not binding and have no precedent, they are sometimes presented as convincing evidence in cases where there is no precedent. In fact, Lazard, as an almost pure consulting firm, is (rightly) hardly affected by the Dodd-Frank reforms. Federal courts cannot issue opinions because of the Constitutional`s requirement for case or controversy. An expert opinion is the non-binding interpretation of the law by a court. It reflects the opinion of a court on a legal issue submitted by a legislator, government official or other court. Parties seeking expert advice tend to do so to better understand their chances of winning a potential lawsuit before risking the costly process of litigation.

If the application is considered a request for an opinion, an AOR number will be assigned and published. Comments must be made in writing. Comments must refer to the name or number of the opinion (e.g., AO 2011-11 (Colbert)) and the name of the commenter and, if submitted on behalf of another person, on behalf of the other person. In a small premonition, he repeated this opinion in November. If the application is not considered an opinion, the Office of the Advocate General will inform the applicant of the specific deficiencies in the application. Draft opinions are usually discussed at Commission meetings which are made available to the public. Applicants or their lawyers may appear before the Commission at this open meeting to answer their questions. Applicants or their defence counsel who are unable to physically attend a public meeting may attend by telephone, subject to the technical capabilities of the Commission. However, he was ordered to keep the emperor informed daily of the state of public opinion in Spain. The Supreme Court has strongly opposed subsequent efforts to obtain expert advice, even if these efforts manifest themselves under the guise of actual prosecution. Thus, in Muskrat v. United States, 219 U.S.

346, 31 pp. Ct. 250, 55 L. Ed. 246 (1911), the court struck down an act of Congress authorizing plaintiffs to sue the United States to determine the validity of certain laws. The court concluded that the prosecutions authorized by law were thinly disguised attempts to obtain expert opinions because the constitutional requirements of legality and of an actual case or controversy were not met. Judge William R. Day, who wrote for the court, predicted that if the judges render a judgment in the case, 2. Notwithstanding the reservation to article 131, the President may submit a dispute of the type referred to in that reservation to the Supreme Court for an opinion and the Supreme Court, after hearing it, shall give its opinion to the President at its discretion. Within ten days of receipt of the request, the Office of the Advocate General of the Commission must determine whether the opinion is complete. The opinion of the Attorney-General was sought in order to establish the Committee`s powers in this regard.

If at least four Commissioners vote in favour of a review of the opinion, that opinion shall be repealed and the Commission shall then examine the content of the initial application. In my opinion, smugglers are real criminals. An opinion offers some legal protection to any person who: The advisory function of the Inter-American Court of Human Rights allows it to respond to consultations submitted by organizations and member States of the Organization of American States on the interpretation of the American Convention on Human Rights or other instruments governing human rights in North and South America. It also has the power to provide advice on national legislation and legislative proposals and to determine whether or not they are compatible with the provisions of the Convention. Opinion of a court on the legality of legislative proposals or conduct made at the request of the Government, the legislature or any other interested party.