Question

The requirement of a case or controversy prohibits advisory opinions because

Question 27 options:



A. there needs to be an actual dispute between the parties.




B. there is not much of a risk of the judicial branch gaining too much power because it does not have the ability to enforce its own decisions.




C. Congress has not provided through legislation for federal courts to issue advisory opinions.




D. Federal courts should only decide contentious issues or cases with the amount in controversy of over $75,000 and leave the regular smaller cases to state courts.

Answer 1

The answer is A. there needs to be an actual dispute between the parties.

The Constitutional limitation in Article III of "case or controversy" states that the Court can only interpret the law in the context of an actual case of controversy between litigants, and that it has no power to provide advisory opinion about the law so as to ensure neutrality.

Answer 2

The correct answer is A) There needs to be an actual dispute between parties

Advisory Opinions are opinions given by a court that advises on the constitutionality or interpretation of the law. In the United States, federal courts and some states courts are not allowed to issue advisory opinions because it may appear to be a violation of the separation-of-powers doctrine.

The judicial branch exists to solve legal disputes and they need to do it by interpreting and applying the existing law.

Because of this, courts are only allowed to give advisory opinions when an actual dispute exists before the Court. This is called the “case or controversy” requirement.