Timeline for Is there a legally stronger resource than legal advise from a lawyer?
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| Jun 17, 2020 at 8:31 | history | edited | CommunityBot |
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| Jan 31, 2020 at 1:05 | comment | added | Brian | @GeorgeWhite: True, though the other party can sometimes be the government, especially if there is evidence that the government intends to enforce a law against a specific company, due to that company's current or planned actions. An example that comes to mind would be YouStake suing the SEC to try to get out of legal limbo in terms of whether their current business constituted selling securities. Both the lawsuit and the investigation were dropped, so the legal question was never answered in court. | |
| Jan 31, 2020 at 0:47 | comment | added | George White | True - that does not make this answer correct. It talks about cases were only one party is involved. That would not be constitutional. | |
| Jan 31, 2020 at 0:38 | comment | added | Brian | @GeorgeWhite: I've usually seen the phrasing, "declaratory judgment." It is, as you state, very close to the border between resolving a dispute vs providing an advisory opinion. Where it often comes up is in civil law where a party A declares, "Action X is forbidden" and some party B says to the court, "I'm planning to do Action X." Here, there is a legitimate dispute, even though the dispute is ostensibly not actionable since party B has not yet done action X. | |
| Jan 29, 2020 at 6:08 | comment | added | George White | How does this fit with the fundamental idea that courts do not rule on theoretical cases, only actual disputes. Other than the case of an IRS private letter can you cite a "quieting a question" case? Regarding the constitution "An actual controversy is a constitutional requirement (Found in found in Art. III, Section 2, Clause 1) for federal courts that demands there be a real dispute between two parties capable of being resolved by the court, as opposed to a hypothetical case brought in an attempt to get the court to issue an advisory opinion." | |
| Jan 29, 2020 at 5:39 | history | edited | feetwet♦ | CC BY-SA 4.0 |
Copy edited
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| Jan 29, 2020 at 1:36 | history | answered | Harper - Reinstate Monica | CC BY-SA 4.0 |