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5 Cards in this Set
- Front
- Back
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Mootness
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If events after the filing of the lawsuit end the P's injury, case must be dismissed as moot. But as long as collateral issue remains, case not moot.
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3 exceptions to dismissal for mootness:
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(a) P is suffering a wrong capable of repetition yet evading review: Roe v. Wade: P could be pregnant
(b) Voluntary cessation by D of challenged activity, but D free to resolve at any time (c) Class action suits: No dismissal as long as one member of class suffers ongoing injury. |
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Issue must not be a political question
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Q violations fed cts won't adjudicate
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When PQuestion may apply:
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textually demonstrable Q commitment of issues to political dept, lack of judicially manageable standards, entails making policy determination not fit, disrespect other branches, embarrassment potential if different pronouncement--need to speak with 1 voice
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Common of PQuestion issues:
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i. the 'republican' form of government clause
ii. Challenges to the president's conduct of foreign policy: TESTED eg, war, treaty iii. Challenges to impeachment & removal process: Judge objected to Senate committee formed to try him in impeachment proceedings.Dismissed. iv. Challenges to partisan gerrymandering (where political party that controls legislation draws election districts to maximize seats for their party). |
