MBE Rules · Constitutional Law
No advisory opinions
Art. III case-or-controversy
The rule
Federal courts may not issue advisory opinions. An Article III case requires (1) an actual dispute between adverse litigants with legally cognizable interests and (2) a substantial likelihood that a federal-court decision in favor of the claimant will have some effect. Requests for guidance from Congress or the executive on hypothetical questions are barred.
In plain English
The oldest justiciability rule: no hypotheticals, no answering questions from other branches, no collusive suits. Distinct from ripeness/mootness but overlaps with them.
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