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advisory Opinions

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advisory opinion

advisory opinion   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
511 words

‘The [International] Court [of Justice] may give an advisory opinion on any legal question at the request of whatever body

advisory opinion

advisory opinion  

Reference type:
Overview Page
Subject:
Law
A discretionary judgment made by a court which has an advisory jurisdiction. Australian courts make a distinction: they will give declaratory relief where that power exists, but not advisory ...
Advisory Opinions

Advisory Opinions   Reference library

Joan R. Gundersen

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
252 words

President George Washington sought an advisory opinion (a practice then common in state courts) from the Supreme Court on

advisory opinions

advisory opinions   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
213 words

An advisory opinion is a legal opinion given before a case is tried. Federal judges do not provide advisory opinions

Advisory opinions

Advisory opinions   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,325 words

An advisory opinion is, in its narrow sense, a judicial opinion on a point of law given at the request

appellate jurisdiction

appellate jurisdiction  

Reference type:
Overview Page
Subject:
Law
The power of a judge to hear appeals from a previous court decision. See feature The Appeals System.
Article III

Article III  

Reference type:
Overview Page
Subject:
Law
The story of Article III, the judiciary article of the Constitution, is in many ways the story of American constitutionalism itself. The tale has a beginning but no end, and it is fraught with ...
Common-law Court

Common-law Court  

Reference type:
Overview Page
Subject:
Law
The Supreme Court is a common‐law court that operates in a system that has little federal common law. Yet its common‐law nature is important to the Court's functioning as a ...
Comparison with other courts

Comparison with other courts  

Reference type:
Overview Page
Subject:
Law
The courts with which the High Court is most often compared are the Judicial Committee of the Privy Council, the House of Lords, the Supreme Court of Canada and the ...
contentious jurisdiction

contentious jurisdiction  

Reference type:
Overview Page
Generally, the competence of a court to determine controversies between parties (forum contentiosum). While the Statute of the International Court of Justice does not use the term ‘contentious’, the ...
Dismissal of 1975

Dismissal of 1975  

Reference type:
Overview Page
Subject:
Law
The events of 11 November 1975, when Governor‐General John Kerr brought the Whitlam era to an end by dismissing Prime Minister Gough Whitlam, left many unresolved questions. Two of them ...
Extrajudicial Activities

Extrajudicial Activities  

Reference type:
Overview Page
Subject:
Law
The participation of justices in activities outside the normal duties of the judicial office has been an issue throughout the institutional life of the Supreme Court. Such extrajudicial activities ...
Gleeson Court

Gleeson Court  

Reference type:
Overview Page
Subject:
Law
(22 May 1998–).At the end of 2000, Gleeson remained the most recently appointed Justice. A few months before his appointment, Dawson and Toohey retired and were replaced by Hayne ...
Green v Daniels

Green v Daniels  

Reference type:
Overview Page
Subject:
Law
(1977).The significance of Green v Daniels as a foundation case in Australian public law was only belatedly recognised. The case totally failed to capture legal interest when it first ...
Independent and Adequate State Grounds Doctrine

Independent and Adequate State Grounds Doctrine  

Reference type:
Overview Page
Subject:
Law
The Supreme Court first enunciated the independent and adequate state grounds doctrine in Murdock v. Memphis (1875). It later stated succinctly in Fox Film Corp. v. Muller (1935) the grounds ...
International Court of Justice

International Court of Justice  

Reference type:
Overview Page
A court at The Hague, consisting of fifteen judges elected for nine‐year terms of office, that has power to determine disputes relating to international law. It was set up by the United Nations in ...
judicial power

judicial power  

Reference type:
Overview Page
Broadly, the independent power granted to the courts by Constitution Ch III; the judicial power of the Commonwealth; or judicial power as a general, abstract concept that is extremely difficult ...
Judicial Power and Jurisdiction

Judicial Power and Jurisdiction  

Reference type:
Overview Page
Subject:
Law
In a famous lecture delivered in 1942 Judge Learned Hand said, “A constitution is primarily an instrument to distribute political power.” In any system of government, the department authorized to ...
Judicial Self-restraint

Judicial Self-restraint  

Reference type:
Overview Page
Subject:
Law
Most often associated with the Supreme Court's exercise of judicial review, is a general term covering several related ideas, each counseling the Court to tailor its power to fit two ...
jurisdiction

jurisdiction  

Reference type:
Overview Page
Subject:
Law
N.1 The power of a court to hear and decide a case or make a certain order. (For the limits of jurisdiction of individual courts, see entries for those courts.)2 The territorial limits within which ...

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