Paralegal Advanced Competency Exam (PACE) Practice Exam

Which of the following best describes the nature of an Attorney General Opinion?

1. It is a mandatory ruling

2. It serves as a guideline but is not legally binding

3. It is always in favor of state interests

4. It is applicable only in federal cases

The correct answer is: It serves as a guideline but is not legally binding

An Attorney General Opinion serves as a guideline but is not legally binding, making it a valuable resource for legal interpretation and guidance on specific issues. These opinions are typically issued by the state's Attorney General in response to inquiries from governmental entities, agencies, or sometimes the legislature. While they provide insight into how the law is interpreted and indicate the Attorney General's position on legal questions, they do not carry the weight of law like a court ruling would. This characteristic is important because it allows the opinions to offer clarity and direction without restricting the legal system or individuals to a particular course of action. It acknowledges that while the opinion should be considered seriously, especially by agencies or officials seeking to comply with the law, it does not impose a legal obligation. Other options may suggest misconceptions: mandatory rulings imply enforceability, always favoring state interests suggests bias, and applicability only in federal cases misunderstands the jurisdiction of Attorney General Opinions, which typically pertain to state law.