Bar Prep: Con Law

Front 1

Describe jurisdiction of federal vs state courts.

Back 1

Federal courts are courts of limited jurisdiction, and have jurisdiction only over specific types of cases as delineated by the Constitution. State courts are courts of general jurisdiction and are not limited to any specific issues or parties.

Front 2

Article III limits jurisdiction of federal courts to:

Back 2

1. Cases arising under Constitution and federal laws
2. Admiralty and Maritime cases
3. Where US Governemnt is a party
4. State vs. State
5. State vs. citizens of another State
6. Diversity jurisdiction (citizens of different states where amount in controversy > $75000)
7. Foreign Diplomats

Front 3

What is prohibited by the 11th Amendment?

Back 3

Private individuals may not sue a state for monetary damages in any court. It applies only to individuals suing states, not cities or other entities, and only money damages.

Front 4

Exceptions to 11th Amendment prohibition?

Back 4

1. Waiver: A state may waive its sovereign immunity
2. Enforcement Powers: Congress can give individuals a cause of action and overcome state sovereign immunity via the Enforcement Clauses of constitutional amendments (e.g., providing cause of action for discrimination to enforce 14th Amendment)

Front 5

What are the basic considerations for whether a federal court will hear a case?

Back 5

Court will only decide cases and controversies, which require consideration of:
1. Standing
2. Ripeness
3. Mootness
4. Political question
5. Abstention
6. Adequate and independent state grounds

Front 6

What must a litigant show to establish standing?

Back 6

1. Injury in fact: an actual or imminent personal injury
2. Causation
3. Redressability

Front 7

Four examples where one generally LACKS standing:

Back 7

1. Legislators against the law
2. Constitution-lovers
3. Taxpayers
4. 3rd Party Standing

Front 8

Exception for no taxpayer standing:

Back 8

For violations of the establishment clause, it is sufficient to have taxpayer standing

Front 9

When is 3rd party standing allowed?

Back 9

Where there is (1) a special relationship and (2) standing is asserted for another due to incapacity.

Front 10

When is organizational standing (an organization asserting standing on behalf of its members) allowed?

Back 10

1. Member standing: the members as individuals must have standing
2. Purpose of the Association must be related to the suit
3. Member participation must not be required, i.e., there must be one remedy for all members

Front 11

Exception to lack of mootness requirement:

Back 11

Causes that are capable of repetition yet evading review (CORYER)

Front 12

Two most important factors for determining whether something involves a political question:

Back 12

1. Textual commitment: text of constitution actually commits the decision to someone else (e.g., impeachment)
2. Lack of legal standards by which court could reach decision (e.g., any foreign affairs issue)

Front 13

What is the rule on abstention?

Back 13

Federal courts may defer to state courts where the meaning of a state law or regulation is unclear and the state court might interpret the statute so as to avoid a constitutional issue. A federal court may also abstain from hearing a matter that is also ongoing in state court.

Front 14

What is the rule regarding adequate and independent state grounds?

Back 14

The Supreme Court of the US will not hear a case from a state high court where that court's decision is independently supported by adequate state grounds (which would render the decision regarding the federal issue merely an advisory opinion).
NB: Where state constitution mirrors federal, then it does not count as an independent state ground

Front 15

When does SCOTUS have (1) original and (2) appellate jurisdiction?

Back 15

1. Original jurisdiction: cases where states or foreign diplomats are parties
2. Appellate jurisdiction: where federal law or Constitution is at issue

Front 16

What is Congress' power in relaiton to courts?

Back 16

Lower fed courts: Congress may do as it pleases regarding jurisdiction

SCOTUS: Congress probably cannot prevent SCOTUS from hearing federal law question

Congress also may not take a case from the appellate category and put it in original jurisdiction

Front 17

What are the sources of Congress' powers?

Back 17

1. Enumerated powers (commerce, taxing, spending)
2. Enabling Clauses of 13th, 14th, and 15th amendments
3. The Necessary & Proper Clause: allows Congress a "choice of means" to reach a valid end

Front 18

What may Congress regulate under the Commerce Clause? (3 broad categories)

Back 18

1. Channels of interstate commerce
2. Instrumentalities in interstate commerce (the things and the means)
3. Substantial Effects: anything with a substantial effect on interstate commerce, using the Cumulative Effect Doctrine (which makes almost anything regulatable)

Front 19

What is the Substantial Effects rule?

Back 19

Under the Commerce Clause, Congress can regulate any activity that (1) is economic in nature and, (2) when taken cumulatively throughout the nation, has a substantial effect on interstate commerce.

Front 20

Describe the taxing power and the three categories of acceptable taxes.

Back 20

Congress has the power to impose and collect taxes in order to pay debts and spend for the general welfare. Valid exercises of the taxing power generally fall into one of three categories:
1. Objective: the tax actually raises revenue
2. Subjective: the tax is intended to raise revenue
3. Regulatory: the tax is being used to regulate where Congress has regulatory power

Front 21

What is the spending power?

Back 21

Article I provides Congress with the power to spend for the general welfare.

Front 22

Five requirements for conditions placed on receipt of federal money:

Back 22

1. The general welfare is served
2. The condition is unambiguous
3. Relatedness: Condition relates to the federal program
4. Condition is not unconstitutional
5. There is no coercion (amount of money too great)

Front 23

What are Congress' war powers?

Back 23

Congress may:
1. Declare war
2. Raise and support an army (inc. air force)
3. Provide and maintain a navy
4. Organize, arm, and call out the militia
5. Enact the draft
6. Set prices and wages during wartime
7. Confine citizens to or exclude them from certain areas during wartime
8. Establish military courts to gain jurisdiction over members of armed forces, conduct court-martials, and try enemy combatants