Barbri Con Law 1 Of 4 Apr

Front 1

What is the requirement for cases and controversies?

Back 1

It is the 4 justicability requirements that need to be met before case may be heard in any federal court

Front 2

What are the 4 Justicability requirements?

Back 2

1. Standing
2. Ripeness
3. Mootness
4. Political question doctrine

Front 3

What is standing? (4 justicability requirements to get into federal court)

Back 3

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

Front 4

What are the four requirements for standing?

Back 4

1. Injury - P must allege and prove that she personally has been injured or imminently will be injured (if seeking declaratory or injunctive relief must show likelihood of future harm to the P)
2. Causation and redressability - P must allege and prove that the defendant caused the injury so that a favorable court decision is likely to remedy the injury
3. No third party standing - P can't assert the claims of others. (3 exceptions)
4. No generalized grievances - P must not be suing solely as a citizen or a taxpayer interested in having the govt. follow the law. (1 Exception)

Front 5

What are the three exceptions to the statement, P's can't assert the claims of others (ie no 3rd party standing)?

Back 5

1. close relationship b/w the P and the injured third party. (ex. Drs. in abortion cases)
2. if the injured third party is unlikely to be able to assert his own rights
3. Associational standing - an organization may sue for its members if the members would have standing to sue AND the interests are germane to the organization's purpose AND neither the claim nor relief requires participation of individual members.

Front 6

What is the exception to the standing rule against no generalized grievances?

Back 6

Taxpayers have standing to challenge government expenditures as pursuant to specific federal statutes as violating the Establishment Clause b/c the Establishment Clause was meant to limit government expenditures

Front 7

What is ripeness? (4 justicability requirements)

Back 7

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation (usually declaratory judgment)

Front 8

What are the two considerations when assessing ripeness?

Back 8

1. the hardship that will be suffered w/o preenforcement review
2. The fitness of the issues and the record for judicial review (ie does the fed court have everything it needs to decide the issue)

Front 9

What is mootness? (4 justicability requirements)

Back 9

Case must involve a live controversy/on-going injury. If the events after the filing of the lawsuit end the plaintiff's injury then the case is dismissed as moot. (2 Exceptions)

Front 10

What are the three exceptions to the mootness rule? (4 justiciability requirements)

Back 10

1. *Wrong capable of repetition but evading review - possibility that the wrong could hapeen again and would always evade review. ex. Roe v. Wade (by the time got to court no longer pregnant and could always get pregnant again)
2. Voluntary cessation - b/c could always resume act.
3. Class action suits - so long as one member of the class has an on-going injury.

Front 11

What is the political question doctrine? (4 justiciability requirements)

Back 11

The political question doctrine refers to the constitutional violations that the federal courts will not adjudicate.

Front 12

There are four types of constitutional violations that the federal courts will not adjudicate, what are they?

Back 12

1. The republican form of government clause
2. challenges to the President's conduct of foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering.

Front 13

How do cases from the state courts and the United States courts of appeal come to the Supreme Court?

Back 13

By writ of certiorari - up to judge's discretion whether hear the case

Front 14

How do appeals from three-judge federal district courts come to the Supreme Court?

Back 14

Statute will say there is an appeal to the Supreme Court - it will be mandatory they hear it.

Front 15

What kinds of cases does the Supreme Court have original and exclusive jurisdiction over?

Back 15

Under Art 3 - suits between state governments

Front 16

What is the final judgment rule?

Back 16

Supreme Court may hear cases only after there has been a FINAL JUDGMENT of the highest state court, a US Court of Appeals or a 3-judge federal district court.

Front 17

If a state court decision rests on two grounds, one state and one federal, what must happen for the Supreme Court to hear the case?

Back 17

A decision on the basis of the federal law will change the result of the case.

Rule: For a Supreme Court to review a state court decision, there must NOT be an INDEPENDENT AND ADEQUATE STATE LAW GROUNDS FOR THE DECISION.

Front 18

What is the principle of soverign immunity?

Back 18

11th Amendment bars suits against state governments in federal court.

Extends to bar suits against states in state courts or federal agencies (Exceptions)

Front 19

What are the 4 situations in which states may be sued (exceptions to sovereign immunity)?

Back 19

1. Express waiver
2. pursuant to federal laws adopted under Section 5 of th 14th Amendment (Congress cannot authorize suits against states under other constitutional provisions)
3. Federal govt may sue state governments
4. Bankruptcy proceedings

Front 20

When are suits against state officers allowed, even when the state govt. can't be sued?

Back 20

1. state officers may be sued for injunctive relief
2. state officers may be sued for money damages to be paid out of their own pockets (personally liable)
3. state officers may NOT be sued if its the state treasury that will be paying retroactive damages.

Front 21

What is abstention rule?

Back 21

Federal courts may not enjoin pending state court proceedings. Fed court has jurisdiction but doesn't exercise it.

Front 22

When does Congress have the authority to act under the constitution?

Back 22

1. Where there is an express or implied congressional power. Congress does NOT have a general police power only the states do (Exceptions)
2. The necessary and proper clause
3. The taxing/spending power and the commerce power
4. The 10th Amendment limits congressional power - all powers not granted to the US, nor prohibited to the states are reserved to the states.
5. Congress' power under section 5 of the 14th Amendment - Congress may not create new rights or expand the scope of rights.

Front 23

What are the 4 exceptions to the statement "congress doesn't have a general police power"?

Back 23

MILD
1. Legislating for MILITARY
2. INDIAN Reservations
3. Federal LANDS and territory
4. D.C.

Front 24

What power does Congress get under the necessary and proper clause?

Back 24

Congress may use any means not prohibited by the Const. to carry out its authority

Front 25

What is Congress' taxing/spending power?

Back 25

Congress may create any tax or spending program to enhance the GENERAL WELFARE.

Front 26

What is Congress' commerce power?

Back 26

1. Congress may regulate the CHANNELS of interstate commerce
2. Congress may regulate the INSTRUMENTALITIES of interstate commerce
3. Congress may regulate economic activities that have a SUBSTANTIAL EFFECT on interstate commerce. (in the area of non-economic activity a substantial effect cannot be based on cumulative impact)

Front 27

What is the 10th Amendment limit on Congressional powers?

Back 27

10th Amendment states that all powers not granted to the US, nor prohibited to the states, are reserved to the states or the people.
- * Congress cannot compel state regulatory or legislative action (no forcing states to do something) BUT can INDUCE state government action by putting strings on grants, so long as the conditions are EXPRESSLY STATED and RELATE TO THE PURPOSE OF THE SPENDING PROGRAM.
- Congress MAY prohibit harmful commercial activity by state governments.

Front 28

What is Congress' power under section 5 of the 14th Amend?

Back 28

Congress may NOT create new rights or expand the scope of rights. Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must be proportionate and congruent to remedying consitutional violations.

Front 29

What is Congress' authority to delegate powers?

Back 29

1. No limit exists on Congress' ability to delegate legislative power.
2. Congress may not delegate executive power to itself or its officers

Front 30

What is a legislative veto?

Back 30

where Congress attempts to overturn an executive action w/o bicameralism or presentment.

Always UNCONSTITUTIONAL

Front 31

What is a line-item veto?

Back 31

When Pres. attempts to veto part of the bill while signing the rest into law.

Always UNCONSTITUTIONAL

Front 32

In order for Congress to act, what two events must occur?

Back 32

1. Bicameralism - passage by both the House and the Senate
2. Presentment - giving the bill to the Pres to sign or veto. (Pres. must sign or veto in its ENTIRETY)