Con Law Final Bar Flashcards California Bar (Jurisdiction)

Front 1

Original Jurisdiction

Back 1

The supreme court has original jurisdiction, with things invoking ambassadors, public minister, consuls, and those which is star is party, but congress has given concurrent jd to lower fed court in all cases except between staes

Front 2

Appalette Jurisdtion

Back 2

In all cases to which fed power extends subject to congressional exception and regulation. Cases can come to the court by one of two ways.
a. writ of certiorar and appeal by 3 judge panne

Front 3

writ of certiorari

Back 3

has complete discretion to hear cases that come to it by certiori
a. cases from state court where 1. there is constitutionally of federal statute, state state is in issue 2. state statute violated violated federal law
all cases from federal court of appeals

Front 4

In order for it to be justiciable

Back 4

1. no advisory opinions
2. ripeness
3. mootness
4. political Quesiton s

Front 5

Advisory Opinions

Back 5

Must have present harm or threat of specify future harm. Federal court can issue a advisory opinion where there si s real and and immediate danger of their rights.

Front 6

Ripeness

Back 6

a p is not entitled to review of statute or regulation before its enforcement unless the p will summer som harm or immediate threat of harm.

Front 7

Mootness

Back 7

a a real contrvery must exist at all stages or review.
controversy that is cable of repetition or a class action where on suit is still valid

Front 8

Standing

Back 8

injury- direct and person
causation - causal connection between injury and conduct
redressablity - capable of eliminating grievance

Front 9

Standing of an organization

Back 9

an organization is to have starding if
1. there is an injury in fact to member that given then a right to sue on their own behalf.
2. the injury is related to the organization purpose
3. individual member particaiton in the lawsuit is required

Front 10

Standing of third party

Back 10

1. hard for the 3rd party to assert her own rights
2. a special relationship exist between the claimant and the 3rd party

Front 11

Adequate and independent State Ground

Back 11

If a star court decision rest on two grounds one set law and federal law, if the supreme court reversal of federal law ground will not change the case, the supreme court cannot hear it.

Front 12

Abstention

Back 12

a. a federal court will temporally abstain from resolving a consitutial claim when the reposition rests on an unsettled question of law.
b. pending state proceeding