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Is the US Supreme Court the only court that can give advisory opinions in the federal judiciary?
Answer
The Supreme Court is forbidden from giving advisory opinions under the US Constitution. The Supreme Court, as well as the lower courts, may act only in matters involving "cases and controversies" as they are defined in Article III, Section 2 of the Constitution. An advisory opinion is an opinion that is based upon a hypothetical set of facts and law. As such it does not constitute either a case or a controversy as those terms are used in the Constitution.
Answer
The US Supreme Court does have the option of certifying (or answering) questions from a lower court on a point of law or a constitutional matter; however, this practice has become almost extinct. The last time the Court accepted a certificate was in 1982.
US Court of Appeals Circuit Courts (the Court of Appeals immediately below the Supreme Court) do answer questions from US District Court (trial courts) more frequently.
The first answer is correct in stating that the Constitution forbids justices from giving advice or opinions, as distinct from answering questions.
What else can I help you with?
How did the supreme court decision in marbury version madison strengthen the federal judiciary?
The Supreme court decision on Marbury version Madison by the federal judiciary. This is part of the court systems.
What is the Federal Supreme Court?
Yes. The US Supreme Court is the highest federal court in the judiciary, and head of the Judicial branch of the United States.
Does the Federal Judiciary Home Page provide a link to the US Supreme Court?
yes
What doctrine prevents federal court from issuing advisory opinions?
The Constitutional principle of "cases and controversies" prevents the federal courts from issuing advisory opinions. Article III, Section 2 states that the judicial power extends to certain types of "cases" and certain types of and "controversies." Unless there is a genuine issue between litigants, the federal courts have no power to act on a matter. This was established in 1793, when President George Washington asked the Supreme Court for the court's advice on some questions of international law. Then Chief Justice John Jay refused to give such advice citing the above section of the Constitution.
Why did congress pass the judiciary act 1789?
to create federal courts below the supreme court
What was the purpose of judiciary act?
The purpose of the Judiciary Act of 1789 was to establish the federal court system in the United States. It laid out the structure of the federal judiciary, including the creation of the Supreme Court and the lower federal courts, and defined their jurisdiction and powers. It also helped to clarify the relationship between state and federal courts.
What law created a system of federal courts below supreme court?
Congress created the first "inferior courts" of the federal judiciary in the Judiciary Act of 1789, but has expanded or dismantled parts of the federal court system at various points in history.
Do Mexico use judges?
Yes. By virtue of being a federal representative republic with three Powers of the Union (the Executive, Legislative and Judiciary), the Judiciary is composed by the Supreme Court of Justice, the Electoral Tribunal and other tribunals and courts at the local, state and federal levels.
What did the judiciary act all for?
The Judiciary Act of 1789 established the federal judiciary of the United States, creating a system of federal courts and defining their jurisdiction. It set up the Supreme Court, along with lower federal courts, and outlined the number of justices on the Supreme Court. The Act aimed to ensure a uniform and effective judicial system across the nation, facilitating the interpretation and application of federal laws. Additionally, it addressed the balance of power between federal and state courts.
What is one of the major roles the Supreme Court played in the federal judiciary?
evaluate the decisions of lower federal court
Why did Congress passed the Judiciary act of 1789?
to create federal courts below the supreme court
What was the purpose of the judicary act of 1789?
The Judiciary Act of 1789 established the federal judiciary of the United States, creating a framework for the Supreme Court and lower federal courts. Its primary purpose was to outline the organization and jurisdiction of the federal court system, ensuring a structured legal system that could effectively interpret and apply federal laws. The Act also set the number of Supreme Court justices and created the position of Attorney General, thereby solidifying the judiciary's role within the federal government.
