what is united states attorney general opinions?

by Roel Bergstrom Published 2 years ago Updated 1 year ago 4 min read

What are Attorney General Opinions? As the legal adviser to the executive officials of the government, the attorney general renders requested legal advice generally in the form of written opinions.Jun 1, 2021

What are the responsibilities of the US Attorney General?

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. Attorney general opinions do not necessarily reflect the attorney general's personal views, nor does the attorney general in any way "rule" on what the law should say.

What is an attorney general opinion?

Feb 19, 2015 · United States Attorney General Opinion, February 19, 1902. SECRETARY OF THE TREASURY--COMPROMISE OF CLAIM. [631] While the Secretary of the Treasury has no authority under section 3469, Revised Statutes, to compromise a claim in favor of the United States which has been reduced to judgment, affirmed by the highest court, and which is clearly collectible, …

Did the US Attorney General lie under oath?

Jan 18, 2021 · The Attorney General of the United States has delegated to the Office of Legal Counsel the responsibility for preparing the formal opinions of the Attorney General, providing opinions to federal agencies, and assisting the Attorney General in performing his or her function as legal adviser to the President. Writings of OLC and its predecessors date back to 1933, but …

What are the qualifications for an US 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 to members of the public.

Why are opinions of the U.S. 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 is an OLC 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 is the main purpose of the attorney general?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

Who can request an Attorney General opinion in California?

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.)

How do you cite an OLC opinion?

1.1 Whenever available, cite the book-published version of an OLC opinion, as follows: Proposed Tax Assessment Against the United States Postal Service, I Op. O.L.C. 79 (1977).Jul 14, 2014

Does Westlaw have Attorney General Opinions?

Westlaw contains Attorney General Opinions from 1791 through the current editions. Opinions of the Office of Legal Counsel are available from 1977 through the present.Jul 28, 2021

What power does the attorney general have?

The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.

Who was the last U.S. Attorney General?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

Who is the current U.S. Attorney General?

Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia

Are Texas attorney general opinions binding?

Q What legal weight and authority does an attorney general opinion have? A Texas Supreme Court opinions addressing this question consistently indicate that, while attorney general's opinions are persuasive, they are not controlling or binding on the courts.

What is a legal opinion letter?

Also called an opinion letter. An opinion from lawyers issued in letter form expressing legal conclusions about and/or legal analysis of a transaction or matter which is relied on by the addressee of the opinion.

Who gives advisory opinions to state and local authorities in Texas?

The Texas Ethics Commission is authorized by section 571.091 of the Government Code to issue advisory opinions in regard to the following statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Government Code; (3) Chapter 303, Government Code; (4) Chapter 305, Government Code; (5) Chapter 2004, Government Code; ( ...

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 Request an Attorney General Opinion?

Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion.

How do I Request an Attorney General Opinion?

No specific formatting requirements exist to submit a request, but it should include any relevant background information and known legal authorities significant to the subject matter.

Who Can Submit a Brief?

The Attorney General accepts briefing on pending opinion requests from any governmental entity, organization, or person, including members of the general public. Briefing should be submitted by Email to [email protected] . All briefing and materials submitted are subject to the Public Information Act.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

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]

Overview

History

Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the U…

Presidential transition

It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day (January 20) of a new president. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

Line of succession

U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
1. United States Deputy Attorney General