advisory opinion

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An advisory opinion is a court's nonbinding interpretation of law.  It states the opinion of a court upon a legal question submitted by a legislature, government official, or another court. Parties seeking advisory opinions tend to do so to better understand their odds of winning a potential lawsuit before risking the expensive process of litigation

Federal courts cannot issue advisory opinions because of the Constitution's case-or-controversy requirement.

State courts are not subject to the Constitution’s case or controversy requirement and are therefore free to issue advisory opinions so long as their state constitutions allow. See, for example, the advisory opinion of the Massachusetts Supreme Judicial Court regarding civil unions.

[Last updated in June of 2022 by the Wex Definitions Team]