Wednesday, January 20, 2010

I know what an advisory opinion is but why won't the federal courts hear cases.......?

where an advisory opinion is sought?I know what an advisory opinion is but why won't the federal courts hear cases.......?
Because its unconstitutional for them to do so (really.) Article 3 only refers to ';cases and controversies'; and, so the argument goes, advisory or hypothetical situations are not ';cases and controversies';. Thus, they can't hear those cases.





States courts don't have that same clause, and some do give advisory opinions. So sometimes will article 1 courts, who aren't bound by the ';Cases and controversies'; language.I know what an advisory opinion is but why won't the federal courts hear cases.......?
Most courts, federal and state, do not issue advisory opinions. Even though particular state constitutions may not limit their courts to ';cases and controversies,'; as a matter of policy courts will not issue an opinion unless there is an actual case. First, the courts have enough of a workload with actual cases; they do not need to pile on advisory opinions to keep busy. Next, when there is an actual case, there are two sides making arguments; the arguments that are presented allow a court to issue an informed and educated opinion. There are no adversarial arguments made when an advisory opinion is sought, so the court would be forced to issue an opinion based on essentially a one-sided argument. Courts also do not issue advisory opinions to legislative bodies, because to do so would interfere with the separation of powers doctrine.

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