Bar Bri Con Law Pg 1

Front 1

Standing

Back 1

issue of whether P is the proper party to bring a matter to court for adjudication.

Front 2

Ripeness

Back 2

whether a federal court may grant pre-enforcement review of a statute/reg. Cts consider (2): the hardship that P will suffer w/o pre-enforcement review + the fitness of the issues & the record for judicial review. (Usual way: violate state + prosecuted + then challenge).

Front 3

Federal Cts. permitted to hear all cases and controversies arising under the Q permitted four requirements are met:

Back 3

Standing * Ripeness * Mootness * No Political Question

Front 4

Standing: Injury

Back 4

P must allege + prove she has been injured or imminently will be injured.
(i) may only assert injuries they have personally suffered (E.g., Disney- Sierra Club lacks standing to stop park's construction because members didn't hike there)
(ii) If seeking injunctive relief, must show likelihood of future harm (E.g. Lyons- chokehold. P no standing because unlikely to suffer again.)

Which P has standing: Correct choice--where P personally suffered. Best choice--Personally suffered economic loss.

Front 5

Standing: I-Cause-3-G

Back 5

Injury, Causation and redressability, no 3rd party standing, no Generalized grievances.

Front 6

Art III

Back 6

defines federal judicial power

Front 7

Supreme Ct. original jx

Back 7

Supreme court original jx of cases affecting ambassadors, public ministers, and consuls.

Front 8

Federal cts intepret:

Back 8

Q, fed laws, treaties & admiralty/maritime laws & state. Adjudicate disputes between states, states & foreign countries, and citizens of diverse states.

Front 9

Standing: causation & redressability

Back 9

P must allege + prove D caused the injury + a favorable court decision is likely to remedy the injury. Rationale: Art. 3 prohibits sup. ct. from issuing advisory opinions.

Front 10

Standing: No 3rd party standing

Back 10

P may not assert claims of 3rd parties before the court.

Front 11

3 exceptions to no 3rd party standing

Back 11

(i) close relationships between P & injured 3rd party (E.g., dr bringing abortion case on behalf of patients)
(ii) injured third party is unlikely to be able to assert her own rights.
(iii) An organization may sue for its members if 1) members themselves would have standing to sue, 2) interests are germane to organizations purposes, & 3) neither claim nor relief requires member's participation. "Associational standing"

Front 12

Standing: No generalized grievances

Back 12

P must not be suing solely as a citizen or taxpayer. Exception: taxpayers have standing to challenge govt. expenditures under federal statutes as violating the Establishment Cl. (e.g. P arguing statute allowing CIA budget to be secret no standing v. taxpayer challenging statute giving $ to parochial schools) TIP: "P is suing as a taxpayer/citizen"

Front 13

Ripeness: Do abstention doctrines apply?

Back 13

(i) Where state law is vague/ambiguous: Fed cts abstain to permit states to interpret statute Q
(ii) Pending state criminal proceedings in suit seeking injunction against the state's prosecution, unless bad faith harassment by DA
(iii) pending state civil proceedings or civil contempt hearings

Front 14

Ripeness: drug companies

Back 14

E.g., FDA rule requiring drug ads to state generic drug names: Not ripe. Hardship great. Drug company has to violate statute, possible criminal penalty, & spend money.

Front 15

Art III

Back 15

defines federal judicial power

Front 16

Supreme Ct. original jx

Back 16

Supreme court original jx of cases affecting ambassadors, public ministers, and consuls.

Front 17

Federal cts intepret:

Back 17

Q, fed laws, treaties & admiralty/maritime laws & state. Adjudicate disputes between states, states & foreign countries, and citizens of diverse states.

Front 18

Standing: causation & redressability

Back 18

P must allege + prove D caused the injury + a favorable court decision is likely to remedy the injury. Rationale: Art. 3 prohibits sup. ct. from issuing advisory opinions.

Front 19

Standing: No 3rd party standing

Back 19

P may not assert claims of 3rd parties before the court.

Front 20

3 exceptions to no 3rd party standing

Back 20

(i) close relationships between P & injured 3rd party (E.g., dr bringing abortion case on behalf of patients)
(ii) injured third party is unlikely to be able to assert her own rights.
(iii) An organization may sue for its members if 1) members themselves would have standing to sue, 2) interests are germane to organizations purposes, & 3) neither claim nor relief requires member's participation. "Associational standing"

Front 21

Standing: No generalized grievances

Back 21

P must not be suing solely as a citizen or taxpayer. Exception: taxpayers have standing to challenge govt. expenditures under federal statutes as violating the Establishment Cl. (e.g. P arguing statute allowing CIA budget to be secret no standing v. taxpayer challenging statute giving $ to parochial schools) TIP: "P is suing as a taxpayer/citizen"

Front 22

Ripeness: Do abstention doctrines apply?

Back 22

(i) Where state law is vague/ambiguous: Fed cts abstain to permit states to interpret statute Q
(ii) Pending state criminal proceedings in suit seeking injunction against the state's prosecution, unless bad faith harassment by DA
(iii) pending state civil proceedings or civil contempt hearings

Front 23

Ripeness: drug companies

Back 23

E.g., FDA rule requiring drug ads to state generic drug names: Not ripe. Hardship great. Drug company has to violate statute, possible criminal penalty, & spend money.

Front 24

Art III

Back 24

defines federal judicial power

Front 25

Supreme Ct. original jx

Back 25

Supreme court original jx of cases affecting ambassadors, public ministers, and consuls.

Front 26

Federal cts intepret:

Back 26

Q, fed laws, treaties & admiralty/maritime laws & state. Adjudicate disputes between states, states & foreign countries, and citizens of diverse states.

Front 27

Standing: causation & redressability

Back 27

P must allege + prove D caused the injury + a favorable court decision is likely to remedy the injury. Rationale: Art. 3 prohibits sup. ct. from issuing advisory opinions.

Front 28

Standing: No 3rd party standing

Back 28

P may not assert claims of 3rd parties before the court.

Front 29

3 exceptions to no 3rd party standing

Back 29

(i) close relationships between P & injured 3rd party (E.g., dr bringing abortion case on behalf of patients)
(ii) injured third party is unlikely to be able to assert her own rights.
(iii) An organization may sue for its members if 1) members themselves would have standing to sue, 2) interests are germane to organizations purposes, & 3) neither claim nor relief requires member's participation. "Associational standing"

Front 30

Standing: No generalized grievances

Back 30

P must not be suing solely as a citizen or taxpayer. Exception: taxpayers have standing to challenge govt. expenditures under federal statutes as violating the Establishment Cl. (e.g. P arguing statute allowing CIA budget to be secret no standing v. taxpayer challenging statute giving $ to parochial schools) TIP: "P is suing as a taxpayer/citizen"

Front 31

Ripeness: Do abstention doctrines apply?

Back 31

(i) Where state law is vague/ambiguous: Fed cts abstain to permit states to interpret statute Q
(ii) Pending state criminal proceedings in suit seeking injunction against the state's prosecution, unless bad faith harassment by DA
(iii) pending state civil proceedings or civil contempt hearings

Front 32

Ripeness: drug companies

Back 32

E.g., FDA rule requiring drug ads to state generic drug names: Not ripe. Hardship great. Drug company has to violate statute, possible criminal penalty, & spend money.

Front 33

Art III

Back 33

defines federal judicial power

Front 34

Supreme Ct. original jx

Back 34

Supreme court original jx of cases affecting ambassadors, public ministers, and consuls.

Front 35

Federal cts intepret:

Back 35

Q, fed laws, treaties & admiralty/maritime laws & state. Adjudicate disputes between states, states & foreign countries, and citizens of diverse states.

Front 36

Standing: causation & redressability

Back 36

P must allege + prove D caused the injury + a favorable court decision is likely to remedy the injury. Rationale: Art. 3 prohibits sup. ct. from issuing advisory opinions.

Front 37

Standing: No 3rd party standing

Back 37

P may not assert claims of 3rd parties before the court.

Front 38

3 exceptions to no 3rd party standing

Back 38

(i) close relationships between P & injured 3rd party (E.g., dr bringing abortion case on behalf of patients)
(ii) injured third party is unlikely to be able to assert her own rights.
(iii) An organization may sue for its members if 1) members themselves would have standing to sue, 2) interests are germane to organizations purposes, & 3) neither claim nor relief requires member's participation. "Associational standing"

Front 39

Standing: No generalized grievances

Back 39

P must not be suing solely as a citizen or taxpayer. Exception: taxpayers have standing to challenge govt. expenditures under federal statutes as violating the Establishment Cl. (e.g. P arguing statute allowing CIA budget to be secret no standing v. taxpayer challenging statute giving $ to parochial schools) TIP: "P is suing as a taxpayer/citizen"

Front 40

Ripeness: Do abstention doctrines apply?

Back 40

(i) Where state law is vague/ambiguous: Fed cts abstain to permit states to interpret statute Q
(ii) Pending state criminal proceedings in suit seeking injunction against the state's prosecution, unless bad faith harassment by DA
(iii) pending state civil proceedings or civil contempt hearings

Front 41

Ripeness: drug companies

Back 41

E.g., FDA rule requiring drug ads to state generic drug names: Not ripe. Hardship great. Drug company has to violate statute, possible criminal penalty, & spend money.

Front 42

Art III

Back 42

defines federal judicial power

Front 43

Supreme Ct. original jx

Back 43

Supreme court original jx of cases affecting ambassadors, public ministers, and consuls.

Front 44

Federal cts intepret:

Back 44

Q, fed laws, treaties & admiralty/maritime laws & state. Adjudicate disputes between states, states & foreign countries, and citizens of diverse states.

Front 45

Standing: causation & redressability

Back 45

P must allege + prove D caused the injury + a favorable court decision is likely to remedy the injury. Rationale: Art. 3 prohibits sup. ct. from issuing advisory opinions.

Front 46

Standing: No 3rd party standing

Back 46

P may not assert claims of 3rd parties before the court.

Front 47

3 exceptions to no 3rd party standing

Back 47

(i) close relationships between P & injured 3rd party (E.g., dr bringing abortion case on behalf of patients)
(ii) injured third party is unlikely to be able to assert her own rights.
(iii) An organization may sue for its members if 1) members themselves would have standing to sue, 2) interests are germane to organizations purposes, & 3) neither claim nor relief requires member's participation. "Associational standing"

Front 48

Standing: No generalized grievances

Back 48

P must not be suing solely as a citizen or taxpayer. Exception: taxpayers have standing to challenge govt. expenditures under federal statutes as violating the Establishment Cl. (e.g. P arguing statute allowing CIA budget to be secret no standing v. taxpayer challenging statute giving $ to parochial schools) TIP: "P is suing as a taxpayer/citizen"

Front 49

Ripeness: Do abstention doctrines apply?

Back 49

(i) Where state law is vague/ambiguous: Fed cts abstain to permit states to interpret statute Q
(ii) Pending state criminal proceedings in suit seeking injunction against the state's prosecution, unless bad faith harassment by DA
(iii) pending state civil proceedings or civil contempt hearings

Front 50

Ripeness: drug companies

Back 50

E.g., FDA rule requiring drug ads to state generic drug names: Not ripe. Hardship great. Drug company has to violate statute, possible criminal penalty, & spend money.