what are attorney general opinions

by Mr. Enrique Padberg 6 min read

An attorney general opinion is a written interpretation of existing law. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law.

How to request an attorney general opinion?

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Does Attorney General have to be an attorney?

The Attorney General invariably has been, but is not legally required to be, a lawyer. The Constitution is silent as to his or her qualifications, and 28 U.S.C. 503 provides simply, “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States.

Are Attorney General opinions binding?

Attorney General Opinions. The Attorney General’s Office is authorized by statute to issue written legal opinions only to constitutional executive officers, state agencies, bodies of the state legislature, and attorneys for local governments or pension funds.These opinions do not generally have legally binding effect as a court decision, but they can be helpful to inform the actions of local ...

Is an attorney general independent or political?

WASHINGTON — Attorney General William P. Barr said during his confirmation hearing in January that serving in his future post was “not the same” as representing President Trump and pledged to make law enforcement decisions based only on facts and the law — not politics.

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What is the main purpose of the attorney general?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

Why are opinions of the US attorney general so persuasive?

“Opinions of the Attorney General, while not binding, are entitled to great weight. [Citations.] In the absence of controlling authority, these opinions are persuasive 'since the legislature is presumed to be cognizant of that construction of the statute.

What are opinions of counsel?

Opinion of Counsel means a written opinion from legal counsel who is acceptable to the Trustee. The counsel may be an employee of or counsel to the Company or the Trustee.

What is a DOJ opinion?

The OLC is the component of the Department of Justice that issues legal opinions that bind executive branch officials on matters of significant public concern. Though its opinions are crucial to understanding the law as our government interprets it, the OLC does not publish its opinions as a matter of course.

What are opinions in law?

Primary tabs. With respect to law, “opinion” primarily refers to a judicial opinion, which is a court's written statement explaining the court's decision for the case.

What is the difference between Attorney General and Chief Justice?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.

What is the difference between legal advice and legal opinion?

It points to the key difference between a legal opinion and legal advice—i.e., that a legal opinion is an attorney's analysis based on past or present facts, while legal advice is an attorney's counsel and guidance as to what future actions the client should take.

What does an opinion letter do?

The opinion letter is used in credit analysis to help determine whether to lend to a borrower or not. Lenders often require an opinion letter to act as proof of legal counsel's advice and conclusions regarding the loan documents relevant to the transaction.

Who can provide a legal opinion?

On the basis of analysis of facts which can be past or current , a lawyer can give an opinion called legal opinion . Legal opinion can be taken in matters of propertyand such others issues related to past or present matters.

How do you cite an Attorney General opinion?

Enter an Opinion Number "xx-xxx", Citation Number "xx Ops. Cal. Atty. Gen....Legal Opinions of the Attorney General - Search for Opinions (1982 - Current)Opinion Number (e.g., 12-301);Official Citation (e.g., 95 Ops.Cal.Atty.Gen. 1); or.Word or Phrase from the text of the Opinion's Question or Conclusion.

Is the FBI under the DOJ?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

Why would I get a letter from the Department of Justice?

Are You A Target Or Are You A Subject? The Department of Justice customarily sends target letters to individuals who are the target of a grand jury investigation and to those who are the subject of a grand jury investigation.

How to Submit A Question of Law For Ag Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, count...

How to Submit A Quo Warranto Application

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the...

How to Request A Copy of An Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit: 1. Office of the Attorney General 2. Opinion Unit, Dept. of Justice 3...

Who can submit questions of law to the Attorney General?

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. The Attorney General is not permitted to give legal opinions ...

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

What is a quo warranto?

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she currently occupies. The statutes relating to quo warranto are in the California Code of Civil Procedure, starting at section 803. Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.) The application and supporting documents must be prepared by a licensed attorney. More information on preparing an application is available on our Quo Warranto page. To submit a Quo Warranto application, or to ask questions about how to submit an application, please contact: 1 Marc J. Nolan 2 Deputy Attorney General 3 Office of the Attorney General 4 Opinion Unit, Dept. of Justice 5 300 South Spring Street 6 Los Angeles, CA 90013 7 [email protected]

What is monthly opinion report?

Monthly Opinion Report- View the current report of pending assignments and activities of the Opinion Unit with links to newly issued opinions.

Can a quo warranto be filed without the approval of the Attorney General?

Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.)

What is the Office of the Attorney General's booklet?

The Office of the Attorney General has prepared a booklet summarizing the important concepts pertaining to incompatible offices and conflicts of interest. Wherever possible, this booklet will be sent to persons with questions in this area in lieu of an opinion. Download the booklet here: Conflicts of Interest (84k PDF).

What is the OAG number for opinion number 20?

You must provide the OAG number of the opinion (e.g., for opinion #20 from 1994 the number is "OAG-94-20").

What is an OAG in Kentucky?

Opinions of the Attorney General (OAGs) do not have the force of law, but they are persuasive and public officials are expected to follow them. Formal opinions are thoroughly reviewed and represent the official position of the Office of the Attorney General. OAGs may be cited in all Kentucky courts. The citation form for an OAG in the form issued by the Attorney General is: OAG 94-25. If you are citing an OAG from the version published by Banks-Baldwin, the citation form is: Opinions of the Attorney General of Kentucky OAG 94-25 at 2-65 (Banks-Baldwin 1994). In addition to OAGs (often called formal opinions), the Attorney General sometimes issues letters to public officials providing legal advice or information. These miscellaneous advice letters are not published and do not receive the same detailed review as OAGs. They are not considered legal authority and should not be cited.

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