ADVISE - Black's Law Dictionary

What is ADVISE? Definition of ADVISE in Black's Law Dictionary

To give an opinion or counsel, or rec- ommend a plan or course of action; also to give notice. Long v. State, 23 Neb. 33, 36 N.W. 310. To encourage. Voris v. People, 75 Colo. 574, 227 551, 553. "Inform" or "acquaint." Ericson v. Steiner, 119 Cal.App. 305, 6 P.2d 298, 300.

It is different in meaning from "instruct" or "persuade." Hughes v. Van Bruggen, 44 N.M. 534, 105 P.2d 494, 497. Where a statute authorizes the trial court to advise the jury to acquit, the court has no power to instruct the jury to acquit. The court can only counsel, and the jury are not bound by the advice. People v. Horn, 70 Cal. 17, 11 P. 470. "Advise" imports that it is discretionary or optional with the person addressed whether he will act on such advice or not. State v. Downing, 23 Idaho, 540, 130 P. 461, 462.


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