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33 Cards in this Set

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What is justiciability?
It regards doctrines which determine which matters federal courts can hear and decide. There are two sources for this rule:
1. Constitutional Requirements steming from Article III
2. Prudential requirements
What is an advisory opinion?
Federal courts cannot issue advisory opinions. The criteria to avoid being an advisory opinion:
1. Actual dispute and adverse litigants
2. Finality
What is ripeness?
The issue is whether the situation has development far enough for a court to consider it.
What is the criteria if a party is seeking pre-enforcement review of a statute or regulation?
1. Hardship to party by denying review.
2. Fitness of the issues for judicial review.
What is standing?
determination of whether a specific person is the proper party to bring a matter to the court for adjudication
Where does standing come from?
It is tied to the Case or Controversey requirement of Article III.
What must be proven by the plaintiff in regards to standing?
1. Cognizable injury
2. Tracability
3. Redressability
Also prudential factors
A- Third parties- A party may assert her own rights and can't raise claims before the court.
Generalized Grievances: - Plaintiff may not sue as a taxpayer or citizen who shares a grievance in common with all other taxpayers or citizens.
Zone of intrests- A party must raise a claim within the zone of interests protected by the statute in question.
May a third party file suit in federal court?
No, a party may only assert her own rights and cannot raise claims of third parties before the court.
May a citizen bring a generalized grievance?
No, a plaintiff may not sue as a taxpayer or citizen who shares a grievance in common with all other taxpayers or citizens.
What is zone of interests under prudential standing?
a party must raisea claim within the zone of interests protected by the statute in question. This applies when a person is challenging an administrative agency regulation that does not directly control the person's actions.
What is mootness?
The controversey must exist at all points during the litigation.
What are the exceptions for finding a case as being moot?
1. Collateral Consequences
2. Capable of repetition yet evading review.
3. Voluntary Cessation
4. Class Actions
What are the issues regarding the court and political questions?
Even if other justiciability requirements are met, some issues are not suitable for judicial reivew. They should be left to the politically accountable branches of government.
Discuss congressional power to control lower federal court jurisdiction
For lower Federal courts, there must be a federal statute providing jurisdiction. Congress creates ower federal courts and thus has discretion to vest them with less than the full jurisdiction allowed by Article III.
Discuss congressional power to regulate supreme court appellate jurisdiction.
Article III, Section 2 sets out the federal judicial power. This inluces, among other things (a) cases arising under the constitution, or laws of the US, (b) cases of admiralty (c) cases between two or more states (d) cases between citizens of difeferent states, ((e) cases between a state or its cizens and a foreign county or foreign citizen.
What is justiciability?
It regards doctrines which determine which matters federal courts can hear and decide. There are two sources for this rule:
1. Constitutional Requirements steming from Article III
2. Prudential requirements
What is an advisory opinion?
Federal courts cannot issue advisory opinions. The criteria to avoid being an advisory opinion:
1. Actual dispute and adverse litigants
2. Finality
What is ripeness?
The issue is whether the situation has development far enough for a court to consider it.
What is the criteria if a party is seeking pre-enforcement review of a statute or regulation?
1. Hardship to party by denying review.
2. Fitness of the issues for judicial review.
What is standing?
determination of whether a specific person is the proper party to bring a matter to the court for adjudication
Where does standing come from?
It is tied to the Case or Controversey requirement of Article III.
What must be proven by the plaintiff in regards to standing?
1. Cognizable injury
2. Tracability
3. Redressability
Also prudential factors
A- Third parties- A party may assert her own rights and can't raise claims before the court.
Generalized Grievances: - Plaintiff may not sue as a taxpayer or citizen who shares a grievance in common with all other taxpayers or citizens.
Zone of intrests- A party must raise a claim within the zone of interests protected by the statute in question.
May a third party file suit in federal court?
No, a party may only assert her own rights and cannot raise claims of third parties before the court.
May a citizen bring a generalized grievance?
No, a plaintiff may not sue as a taxpayer or citizen who shares a grievance in common with all other taxpayers or citizens.
What is zone of interests under prudential standing?
a party must raisea claim within the zone of interests protected by the statute in question. This applies when a person is challenging an administrative agency regulation that does not directly control the person's actions.
What is mootness?
The controversey must exist at all points during the litigation.
What are the exceptions for finding a case as being moot?
1. Collateral Consequences
2. Capable of repetition yet evading review.
3. Voluntary Cessation
4. Class Actions
What are the issues regarding the court and political questions?
Even if other justiciability requirements are met, some issues are not suitable for judicial reivew. They should be left to the politically accountable branches of government.
Discuss congressional power to control lower federal court jurisdiction
For lower Federal courts, there must be a federal statute providing jurisdiction. Congress creates ower federal courts and thus has discretion to vest them with less than the full jurisdiction allowed by Article III.
Discuss congressional power to regulate supreme court appellate jurisdiction.
Article III, Section 2 sets out the federal judicial power. This inluces, among other things (a) cases arising under the constitution, or laws of the US, (b) cases of admiralty (c) cases between two or more states (d) cases between citizens of difeferent states, ((e) cases between a state or its cizens and a foreign county or foreign citizen.
What are congresses two sources of power to create courts?
1. Article III (life tenure and salary protection)
2. Art I Sec 8 (legislative courts, under the necessary and proper clause
In what situations does congress have unlimited pwer to vest Art III jurisdiction?
1. Territorial Courts
2. Military Courts
3. Public Rights Cases
A. Federal government is a party or
b. Cause of action grows out of federal regulatory statute.
Discuss when congress may not vest jurisdiction over "private rights" cases in non-Article III decisonsmakers unless:
1. Decision maker is acting as a mere adjunct to an Art III court
2. Benefits of using a non-Art III tribunal outweigh costs