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15 Cards in this Set

  • Front
  • Back
What is the Judicial Power of the Federal Courts Limited to?
Cases & Controversies
(1) Standing
(2) Ripeness
(3) Mootness
(4) No advisory Opinions
May the federal Courts issue advisory opinions?
NO: Federal Courts are limted to deciding cases and controversies. They may not render advisory opinions. Which are opinons that do not bind the parties.
What is Ripeness?
A P must allege actual harm or an immediate threat of harm.
Necessary events are yet of occur.
(case brought to soon)
When the examiners show a law that is plainly unconstiutional and ask what is the strongest argument of support what do you do.
Look for something that does not have anything to do with the merits of the case.
What is Mootness?
Doctrine that will dismiss a case unless there exists an actual, live controversy between the parties at all stages of the litigation.
(case brought to late)
What are the exceptions to the mootness doctrine?
(1) injury is capable of repitition.
(2)Case brought as a class action
(3)Collateral consequences
(4)Voluntary cessation
What must be estblished to have standing?
(1) injury in fact
(2) causation
(3) redressibility
What must be established to have organizational or association standing?
(1) A member or members have Standing
(2)members injury is related to the purpose of the organization
(3) there is no reason that participation of the individual would be necessary
What has to be estblished in order to recieve third party standing?
May not do so unless:
(1) party has suffered actual injury
(2) there is a special relationship between the party and the third person
(3) hinderance to the third party rasing his or her own rights (e.g. doctor abortion)
What is needed for Citizen standing?
There is no citizen standing
What is needed for taxpayer standing?>
May sue on their own taxes but general cannot sue as a taxyper in general unless:
(1)law enaacted under the tax and spend provision
(2)exceding a constitutional limit on tax and spend power
What is legislative standing?
Legislatures may challenge statutes that cause them a personal and conceret injury.
They may not challenge laws that they think are unconstiutional.
When can the Supreme Court review state court judgments?
(1) case invovles a matter of federal law and
(2) a final judgment of law and
(3) it is from the highest state court and
(4) there is no indendent adequate state grounds
What is the meaning of the independent & Adequate state grounds doctrine?
Independent: So long as the state does not depend on the interpretation of of federal federal law or a standard.
Adequate: No matter what the outcome the federal court decision will be the same.
What are political qustions?
Ones that federal courts will not decide:
(1)Republican form of government challenge
(2)Foriegn affirs comman decisions;
(3)Impeachment procedures
(4)Seating of delegants at a national politial convention
(5)procedures to amend the constiution