Con Law

Front 1

What is Justiciability?

Back 1

B4 a Fed Crt can hear an action on the merits, there must be a case or controversy. The following requirements must be met to establish a case or controversy:

1) Standing
2) Ripeness
3) Mootness
4) Political Question

Front 2

What is Standing?

Back 2

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

Requires:
1) Injury
2) Causation and Redressability
3) No 3rd party standing
4) No general grievances

Front 3

Element 1

INJURY IN FACT

Back 3

The Plaintiff must allege and prove that he or she has been injured or imminently will be injured

1) Plaintiffs only may assert injuries that they have personally suffered. (sierra club- at least 1 member)

2) Plaintiffs seeking injunctive or declaratory relief must show a likelihood of future harm
( A guy w/ a chokehold)

Tip- suffering personal injury and suffering monetary loss sufficient

Front 4

Element 2

Causation & Red-dressability

Back 4

1) The Plaintiff must allege and prove that the Defenant caused the injury

2) Favorable decision would likely remedy the injury.

- Indigents were wrong about free care

No Advisory Opinion

Front 5

No 3rd Party Standing

Back 5

Rule: A Plaintiff cannot assert claims of others, of third parties, who are not before the court.

Exceptions--Must meet all other requirements &:
1) Allowed- If there is a close relationship b/w P and Injured 3rd party (child, Dr. Patient, not newdow)

2) If 3rd party is unlikely to be able to assert his or her own rights (handicap)

3) An organization may sue for its members if:
Members have standing, Interest is germane to org, neither claim nor relief requires participation of individual members

Front 6

No Generalized Grievances

Back 6

Rule: The P must not be suing solely as a Citizen or as a taxpayer interested in having the government follow

Exception: Taxpayer has standign to challenge governments expenditures as violating the establishment clause

Expenditures = money NOT Property

Front 7

Ripeness

Back 7

Defenition: Whether a federal court may grant pre-enforcement review of stautute or regulation

1) The hardship that will be suffered without the pre-enfocement review? (going to Jail, or losing millions)

2) The fitness of the issues and the record for judicial review (is everything in front of the court to do it anyway)

Tip: Declatory Judgment will bring up Ripeness?

Front 8

Mootness

Back 8

If events after filing of lawsuit ends, the case must be dismissed as moot. (live controversy must exist at all times)

Must be a "Live Ongoing Injury"

Exceptions:

1) Wrong capable of repetition but evading review (roe v. wade)

2)Voluntary Cessation- of D

3) Class action- If 1 member is moot, no dismissal as long as at least 1 member of class has injury.

Front 9

Political Question Doctrine

Back 9

Constitutional violations that the Fed Courts will not adjudicate

A) the "republican form of government clause"
B) Challenges to presidents conduct of foreign policy
C) Challenges to the impeachment and removal process (senators)
D) Challenges to gerrymandering (drawing legislative districts)

Front 10

Supreme Court Review

Back 10

SCT has complete discretion

1) Writ of Certiori comes from:
a) State
b) Us Court of appeals
c) 3 Judge Panel (original and exclusive between state governments

2) The final judgment rule (from highest state court)

3) There must not be an independant and adequate state law ground of decision (If both Fed & State issue, SCT's review must change outcome, or no review)

Front 11

Lower Federal Court Review

Back 11

Federal & State courts may not hear suits against state Governments

A) Sovereign immunity principle- 11th A. Bars suits in federal court

B) Exceptions:
1- Waiver
2)may be sued under § 5 of 14th (EP)
3) Feds may sue state governments

C) Suit against officers allowed
1) Injunctive relief (for harrassment)
2) Money damages if personally liable
3) may not be sued if state pays

Abstention: Fed Court may not enjoin pending st. court proceedings until later date. (may not hear unsettled Q's of state law) or Pending state crimnal proceedings.

Front 12

Federal Legislative Power

Back 12

Congress' authority to act includes:
1- Necessary & Proper clause (broad) Army/Navy
2- Taxing/spending power and the commerce power (General welfare)
3) 10th amend. limits on congressional powers
4) Commerce power
5) Congress power under §5 of 14th A "proportionate & Congruent"