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Chapter 16

JUSTICIABILITY

In order for a case to be heard by the federal courts, the plaintiff must overcome a series of procedural obstacles that we collectively call the requirements of "justiciability." Here is an overview of each of these obstacles:

  • Advisory opinion: The federal courts may not issue opinions based on abstract or hypothetical questions. This is known as the prohibition of "advisory opinions." It stems from the fact that the Constitution limits federal court jurisdiction only to "cases and controversies."
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