HopefullyInLawSchool
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Simple English definitions for legal terms
advisory opinion
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A quick definition of advisory opinion:
An advisory opinion is when a court gives its opinion on a legal question, but it's not a decision that has to be followed. It's like asking a teacher for their advice on a homework problem, but you don't have to do what they say. People ask for advisory opinions to help them understand what might happen if they go to court, without actually having to go through the whole process. Federal courts can't give advisory opinions, but state courts can if their state's rules allow it.
A more thorough explanation:
An advisory opinion is a legal opinion given by a court that is not binding. It is the court's interpretation of the law based on a legal question submitted by a government official, legislature, or another court. People seek advisory opinions to understand their chances of winning a potential lawsuit before going through the expensive process of litigation.
For example, the Massachusetts Supreme Judicial Court issued an advisory opinion regarding civil unions. This opinion helped people understand the legal implications of civil unions in Massachusetts.
It is important to note that federal courts cannot issue advisory opinions because of the Constitution's case-or-controversy requirement. However, state courts can issue advisory opinions as long as their state constitutions allow it.