Con Law

Front 1

What are the elements of Constitutional Standing?

Back 1

a. Harm or harm that is imminent (injury in fact)
b. Causation
c. The decision of the court will affect the decision

Front 2

What are the prudential elements of standing?

Back 2

1. 3rd party rights
2. General Grievence
3. Zone of interest

Front 3

What type of harm is required

Back 3

Directly tracable to the df, or soon to occur.

may NOT be abstract or hypothetical.

Lujan and Lyons

Front 4

What does it mean for Pf to say that Pf suffered an injury?

Back 4

i. “Irreducibile minimum” means some actual or threatened injury.

Valley Forge

Front 5

ii. Sierra Club v. Morton

what happened?

Back 5

1. Sierra Club sought injunction to prevent creation of ski resort, claiming they have a special interest in conservation of national parks.

2. Since none of its members had ever used Mineral King Valley, the court said the “special interest” reason was insufficient to confer standing.

Front 6

US v. SCRAP

Back 6

2. A group of GW law students said an increase in freight rates of railroads would lead to a decrease in shipping recycled goods which would lead to the use of more natural sources so that they would not enjoy the use of the parks around D.C. that much.

3. Court grated standing saying aesthetic and environmental harms are sufficient if the plaintiff claims to harm the harm personally.

Front 7

Sierra and SCRAP on INjuries

Back 7

1. You must allege a personal injury.

2. Ideological injuries, like in Sierra Club are not enough.

Front 8

What types of injuries are sufficient to confer standing?

Back 8

1. common law rights
2. constiutional rights
3. statutory relief
4. aesthetic or enviromental harm
5. Economic Harm

Front 9

Causation and Redressability

Back 9

1. Injury is just one part of it all, you need to show (1) that the harm is traceable to defendant’s action and (2) a court decision would redress the problem. -> both are constitutional requirements for standing (see above).

Front 10

Linda R.S. v. Richard D

Back 10

i. Unwed mother sought to have father of a her child prosecuted for failure to pay child support.

ii. The statute did apply to illegitimate children.

iii. The court said to command prosecutors to apply the law to illegimate children would just jail the guy and not cause her to receive more money.

Front 11

d. Allen v. Wright

Back 11

i. No standing when you feel “stigmatized” by government action, IRS granting tax empt status to private schools that discriminate on race.

1. too abstract

ii. They also said that their children’s chances to receive an integrated education were hurt by the tax exempt status of private, discriminatory practices.

1. Supreme Court said too many third parties allowed and this injury was not traceable to the government but involved third parties, including the private schools and parents

Front 12

Prudential Requirment of 3rd party standing

Back 12

4. Advances underlying aspects of standing –

(1) only people actually injured can be satisfied,

(2) improves quality of litigation..

Front 13

4 exceptions to 3rd party standing

Back 13

1. Where the party will be unable to sue

2. Close relationship between Pf and 3rd Party

3. Over Breadth Doctrine

4. Standing for Assosiations

Front 14

i. Barrows v. Jackson

what kind of standing?

Case?

Back 14

1. White man sued for breach of contract for allowing non-whites to occupy the land. In his defense, he asserted the rights of blacks to own and rent land in the community. Blacks could not sue because they were not in privity.

Front 15

b. Closer Relationship between Plaintiff and Third Party

Back 15

i. Usually standing is allowed when the one asserting standing is party of the third parties constitutionally protected activity.