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15 Cards in this Set
- Front
- Back
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What is the Judicial Power of the Federal Courts Limited to?
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Cases & Controversies
(1) Standing (2) Ripeness (3) Mootness (4) No advisory Opinions |
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May the federal Courts issue advisory opinions?
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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.
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What is Ripeness?
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A P must allege actual harm or an immediate threat of harm.
Necessary events are yet of occur. (case brought to soon) |
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When the examiners show a law that is plainly unconstiutional and ask what is the strongest argument of support what do you do.
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Look for something that does not have anything to do with the merits of the case.
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What is Mootness?
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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) |
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What are the exceptions to the mootness doctrine?
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(1) injury is capable of repitition.
(2)Case brought as a class action (3)Collateral consequences (4)Voluntary cessation |
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What must be estblished to have standing?
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(1) injury in fact
(2) causation (3) redressibility |
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What must be established to have organizational or association standing?
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(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 |
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What has to be estblished in order to recieve third party standing?
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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) |
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What is needed for Citizen standing?
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There is no citizen standing
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What is needed for taxpayer standing?>
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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 |
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What is legislative standing?
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Legislatures may challenge statutes that cause them a personal and conceret injury.
They may not challenge laws that they think are unconstiutional. |
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When can the Supreme Court review state court judgments?
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If;
(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 |
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What is the meaning of the independent & Adequate state grounds doctrine?
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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. |
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What are political qustions?
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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 |
