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24 Cards in this Set
- Front
- Back
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3 Requirements for Standing
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Injury
Causation Redressability |
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Standing>
Define Injury |
P must show he has been injured or will be imminently injured
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3rd Party Standing
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1. Substantial Obstacles for Victim
2. Close Relationship between V and P 3. P will Effectively Represent. |
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Associational Standing
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1. Individual members have standing to sue.
2. Interest are Germane to Org's purpose. 3. Individual member participation not required. |
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Generalized Grievance
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No tax payer standing except for violation of establishment clause.
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3 Exceptions to Mootness
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1. Wrongs capable of repetition
2. Voluntary Cessation 3. Class Action Suits |
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Political Questions
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Questions left for other branches of government to resolve.
-Republican form of gov. -pres' conduct of foreign policy -impeachment and removal process -partisan gerrymandering |
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Final Judgment Rule
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G/R- SC may hear a case only after there has been a final judgment of the highest state court, US court of appeals, or 3 Judge federal district court.
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How can the SC review a State Court Decision?
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There must be Adequate and Independent State Law ground of Decisions. If a state court decision rests on two grounds, one state law and one federal law, if the SC's reversal of the federal law will not change the result in the case, the SC cannot hear it.
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11th Amendment
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The principal of sovereign immunity. it bars suits against states in federal court. Except if:
1. Explicit Waiver by the State. 2. Congress authorized suit under Sect 5 of 14th Amendment. 3. Federal Gov may Sue the State 4. Bankruptcy proceedings |
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Abstention
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Federal courts may not enjoin pending state court proceedings.
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Where does Congress have Police Power?
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Military
Indians Federal Lands + Territories Washington D.C. |
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What can you sue State Officers?
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Suit for Injunctive Relief
No Money Damages from State Treasury May sue state actor for monies out of their own pockets. |
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Tax & Spending Clause
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Congress may Tax and Spend for the General Welfare.
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Commerce Clause
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Congress can regulate:
1. Channels 2. Instrumentalities 3. Substantial Effect On IC. 4. Intrastate Activity that has an Aggregate effect on IC State Defense: 10th Amendment |
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10th Amendment
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Limits congress's powers, stating all powers not granted to Fed are reserved to the States.
* No Commadeering |
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Dormant Commerce Clause
(Negative Implications Commerce Clause) |
State may not discriminate against or unduly burden interstate commerce, unless (Pike Balancing Test)
May not place a burden on IC unless it is necessary to achieve an important government purpose. |
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Privileges and Immunities Clause under Article IV.
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No state shall deny citizens of other states the privileges and immunities it gives to its own citizens.
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State Action-
Public Function Exception |
Private entity is performing a task traditionally, exclusively done by the gov.
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State Action-
Entanglement Exception |
Gov affirmatively authorizes, encourages, or facilitates unconstitutional activity
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Analysis for Individual Liberties
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1. Government Action
2. Application of Bill of Rights 3. Level of Scrutiny |
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3 Types of Individual Rights
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1. Procedural Due Process
2. Substantive Due Process 3. Equal Protection |
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Procedural Due Process Analysis
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Has the Gov deprived a person of Life, Liberty or Property?
If Yes, Balance: 1. Importance of Interest to the Individual 2. Ability of Additional Procedures to Increase the Accuracy of the Fact Finding, (Ability to reduce risk) and 3. The Government's Interest |
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Takings Clause
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Gov may take Private Property for a Public Use if it provides Just Compensation.
1. Taking: Possessory or Regulatory 2. For a Public Use? 3. Just Compensation |
