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28 Cards in this Set

  • Front
  • Back
Where is the Federal Judicial Power derived from?
Article III of the Constitution.
Justiciability depends on what 3 factors?
(1)What it requests (no advisory opinions), (2)When it is brought (ripe and not moot), and (3)Who brings it (standing)
True or False: Federal Courts may render advisory opinions.
False. They may not render advisory opinions.
What two details do advisory opinions lack?
(1)An actual dispute between adverse parties, and (2)any legally binding effect on the parties.
When are requests for pre-enforcement review of laws by a Federal Court ripe?
When there is (1)Substantial Hardship in absence of review, and (2) there is a fitness of issues in the record for review.
What two factors control when a Federal court may decide a controversy?
Ripeness and Mootness.
What is the doctrine that states that Federal Courts may only decide live controversies rather than ones that have passed due to post-filing events?
Mootness.
A lawsuit is moot if a plaintiff's injury has ended unless one of which 3 conditions applies?
(1)The injury is capable of repetition yet evading review because of an inherently limited duration, (2)the defendant voluntarily ceases that challenged activity, but may start up again, or (3)in class actions, one plaintiff suffers ongoing injury.
What are the three parts a plaintiff must allege and prove to show standing?
Injury, Causation, and redressability.
True or False: Almost any injury counts as injury.
True. Examples include physical, economic, environmental, loss of rights, or claims granted by statute.
What are two exception to the rule that ideological objections or generalized grievances as a citizen or taxpayer do not count for standing?
A taxpayer may challenge their own tax liability, but not how the government spends tax revenues. A citizen can also challenge Congressional spending (but not executive spending from general appropriations) in violation of the establishment clause.
What, relating to injury, must someone seeking injunctive or declaratory relief show?
A likelihood of future harm.
Is third party standing generally granted?
No, the injury must be personally suffered by the plaintiff rather than those not before the court.
When can a plaintiff establish third party standing to sue?
When the third party is unlikely or unable to sue, the plaintiff has suffered injury, and the plaintiff can adequately represent the third party's interests, often because of a close relationship.
What is the rule for Organizations suing on behalf of their members?
An organization may sue not only for itself, but also its members if: (1)members would have standing, (2)the members' injury related to the purpose of the organization, and (3)neither claim nor relief requires participation of members.
What does the free speech overbreadth exception to third party standing require?
It states that a plaintiff whose speech is proscribable may raise the claim of a third party whose speech is protected if: (1)there is substantial overbreadth in terms of illegitimate to legitimate sweep, and (2) it is not commercial speech.
When do legislators have standing to sue?
Legislators may challenge acts that injure them personally, rather than their legislature generally.
What must a plaintiff show to prove causation?
A plaintiff must show that the injury is fairly traceable to the defendant.
What must a plaintiff show to prove redressability?
A plaintiff must show that favorable court decision can remedy the harm (e.g., through money damages or an injunction).
Federal Courts will not decide political questions, which covers which two categories of questions?
Questions (1)committed by the Constitution to the political branches of government, or (2)incapable of, or inappropriate for, judicial resolution.
What are 6 examples of the political question doctrine where the court will refuse to act?
Guarantee Clause (Art IV, Sec. 4), Foreign Affairs, Impeachment Process, Partisan Gerrymandering, Elections and Qualifications of members of Congress, and Seating of delegates at a national convention.
What is the general rule behind Sovereign Immunity?
The 11th Amendment and general principles of federalism bar actions against states (not localities) in Federal courts and agencies and state courts.
What are four exceptions to the Sovereign Immunity doctrine?
(1)Waiver by state through express consent, (2)suits by other states or the Federal Government, (3)Bankruptcy proceedings, or (4)Clear abrogation of sovereign immunity by Congress under its 14th Amendment powers to prevent discrimination.
What two types of suits does the doctrine of sovereign immunity not bar?
(1)Suits against state officers for injunctive relief or money damages from their own pockets or (2)suits against local governments.
When may Federal Courts decline to decide a federal constitutional claim?
When it turns on an unsettled question of state law.
True or False: Federal courts generally may enjoin pending state administrative or judicial proceedings.
False. They may generally not enjoin such proceedings.
What is the Final Judgment Rule?
The USSC generally may only hear a case after there has been a final judgment by the highest state court, a federal court of appeals, or a three-judge district court.
What is the doctrine of Independent and Adequate State Grounds?
The USSC will not review a case raising a federal question if the state court decision rests on an independent and adequate state law ground such that the outcome will be the same regardless of how the federal question is decided.