Practice Quiz

Paralegal

Category - Legal System

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A member of Congress wanted to enact a statute that would prohibit the use of billboards by candidates running for federal office in the promotion of their campaigns. Uncertain of the constitutionality of the proposed legislation, the member of Congress files an action in federal court seeking an advisory opinion. The federal court will dismiss the action because __________________.
  1. A federal court cannot rule on proposed legislation.
  2. Federal lawmakers are prohibited from filing lawsuits in federal court.
  3. Federal courts are prohibited from issuing advisory opinions.
  4. An adverse advisory opinion would not prevent Congress from enacting the legislation.
Explanation
Answer: C - Federal courts are prohibited from issuing advisory opinions. The Case and Controversy Clause has been interpreted to limit federal courts to actual cases and controversies and to prohibit advisory opinions.
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