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An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely legally advises on its opinion as to the constitutionality or interpretation of a law.
For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of claims where (1) the plaintiff ...
The issue of unpublished decisions has been described as the most controversial to be faced by the Advisory Committee on the Federal Rules of Appellate Procedure in the 1990s and 2000s. [ 16 ] There is active debate on the fairness issues raised by non-publication, and the utility of non-publication in the light of computerization of court records.
Opinio juris sive necessitatis ("an opinion of law or necessity") also simply opinio juris ("an opinion of law") is the belief that an action was carried out as a legal obligation. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual.
Reference questions (advisory opinions) are always entitled Reference re followed by the subject title. If the year of decision is the same as the year of the report and the date is a part of the reporter's citation, then the date need not be listed after the style of cause. If the date of the decision is different from the year of the report ...
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.
According to the terms of the Treaty on European Union "In order to ensure the proper functioning and development of the common market, the Commission (…) formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressively so provides or if the Commission considers it necessary."
However, Dalal and Bonaccio (2010) have argued, based on a review of the research literature, that such a definition is incomplete and leaves out several important types of advice [10] [11] These authors have provided the following taxonomy of advice: Recommending a particular course of action (this is the usual form of advice that is studied)