Constitutional Law

Front 1

What does Congress have the power to do with Article 3 court's jurisdiction?

Back 1

Congress can delineate the original and appellate jurisdiction of all of these courts.

Front 2

What limits does Congress have with respect to Article 3 Courts?

Back 2

Congress is bound by Article 3 standards as to subject matter and party jurisdiction and also the requirement of a case and controversy.

Front 3

What type of cases does the Supreme Court have original jurisdiction?

Back 3

Cases involving ambassadors, public ministers, consuls,(lower federal courts have concurrent jurisdiction) and suits between states.

Front 4

How do cases come to the Supreme Court by appellate jurisdiction?

Back 4

1)Writ of Certiorari
2) Appeal

Front 5

When can the SC exercise a writ of certiorari and what cases come to the SC in this manner?

Back 5

SC has complete discretion to hear these types of cases. Cases that come are cases from state courts where the constitutionality of a federal statute, federal treaty, or state staute is at issue, or a state statute violates federal law. All cases from the federal court of appeals also come by way of writ.

Front 6

When must a Supreme Court hear an appellate case?

Back 6

These are only with decisions by 3 judge federal district court panels that deny or grant injunctive relief.

Front 7

List the justicability factors that determine whether a federal court may address a case.

Back 7

1)Must be a case or controversy
2) No advisory opinions
3) Case must be ripe
4) Case must not be moot
5) Litigant must have standing
6) Non political question
7) Doesn't violate 11th Amendment

Front 8

What factors do a court look at when determining whether they can hear a case asking for a declaratory judgment?

Back 8

Whether their opinion would be an improper advisory opinion. There must be
1)specific present harm or threat of specific future harm

2) Real dispute between parties having adverse legal interests

3) Complainant must show they have engaged in or wish to engage in specific conduct and the challenged action poses a real and immediate danager to their interests

4) This must be a statute that has the possibility of beign enforced.

Front 9

What factors do courts look at when determining whether a case is ripe?

Back 9

1)Must be harm or immediate threat of harm

2) Must be fit for judicial review

Front 10

What is mootness and what are the exceptions?

Back 10

Mootness is when a matter has already been resolved, as there must always be a live case or controversy throughout the litigation.

Exceptions
1) D voluntarily ceases behavior but is fee to resume at any time.

2) Controversies capable of repetition but evading review. (ie abortion)

Front 11

What are are the elemeents of standing?

Back 11

1) Injury-P must show she has been or will be directly and personally injured by the government action, which affects her rights under the COnstitution or federal law.

2) Causation-Must be causal connection between injury and conduct complained of

Redressability-Decision in litigant's favor must be capable of eliminating her grievance.

Front 12

Can Congress create new standing?

Back 12

Technically no, Congress cannot grant standing to someone who doesn't have an injury. However, they can create new interests, injury to which may be sufficient for standing.

Front 13

How does one assert third party standing?

Back 13

Claimant with standing in her own right may assert right of 3P if

1) It is difficult for 3P to assert her own rights or

2) Special relationship exists between claimant and 3P (ie doctor asserting patient's rights challenging abortion restriction)

Front 14

How does an organization assert standing?

Back 14

1) There is an injury in fact to members that give them a right to sue on their own behalf

2) Injury is related to organization's purpose and

3) Individual member participation in the lawsuit is not required.

Front 15

When does a taxpayer have standing?

Back 15

Besides litigating their own tax bill, taxpayers only have standing to attack congressional taxing and spending measures on 1st Amendment Establishment Clause grounds.