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19 Cards in this Set
- Front
- Back
Third Party Standing
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A plaintiff cannot assert claims of 3Ps who are not before the court, EXCEPT:
1. Close Relationship (Dr./Patient, criminal D in re: jurors) 2. Org. may sue for its members if: members have standing, interests germane to org's purpose, neither claim/relief req participation of indv. members. 2. |
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Ripeness
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Whether fed ct may grant pre-enforcement review of statute or regulation. 2 criteria:
1. hardship that will be suffered 2. fitness of the issues & record for judicial review (does fed ct have all it needs to decide the issue) |
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Mootness
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If events after the filing of a lawsuit end the P's injury, the case must be dismissed as moot.
3 Exceptions: 1. wrong capable of repetition but evading review (abortion) 2. voluntary cessation (if D halts, but free to resume @ anytime -> not moot) 3. class action suit: as long as 1 mbr. of class has ongoing injury |
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Political Question Doctrine
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Constitutional violations the fed. cts. will not adjudicate:
1. "republican form of gov't" 2. challenges to President's foreign policy 3. challenges to impeachment/removal process 4. challenges to partisan gerrymandering |
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Cases eligible for Supreme Court Review
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1. writ of certiorari (discretionary; all state, US Ct App cases, 3 judge federal district cts)
2. B/w State gov'ts |
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Federal Police Power
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There is no general federal police power, except:
MILD 1. Military 2. Indian reservations 3. federal Land or territories 4. District of Columbia |
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Eleventh Amendment
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Bars suits against states in federal court.
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Presidential Pardon Power
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President can pardon only for FEDERAL CRIMINAL liability.
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Preemtption
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1. Express
2. Implied (mutually exclusive) 3. State law impedes 4. Clear intent to preempt |
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Dormant Commerce Clause
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State/Local laws are unconstitutional is they place an UNDUE BURDEN on interstate commerce.
Does not require discrimination. Corps/Aliens can use. Only okay if it is NECESSARY to acheive an IMPT GOV'T PURPOSE (helping in staters at the expense of OOSers is never sufficient; must show no less discriminatory alternative) Exceptions: 1. congressional approval 2. Mkt participant (local gov't may prefer its own in rec'ing benefits from go't programs --> UCLA, U-M tuition) |
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Privileges and Immunities
Article IV |
No state many deny citizens of other states the P/I it accords its own citizens.
Req's discrimination against OOS If discriminates against OOS in re: livelihood unCon unless NECESSARY to achieve IMPT GOV'T PURPOSE) cannot be used by corporations and aliens |
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Privileges or Immunities
14th Amendment |
Very narrow scope. Always a wrong answer unless RIGHT TO TRAVEL is involved.
No state should deny a citizen of the P/I of US citizens. |
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Full Faith and Credit
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Courts in one state must give full faith and credit to judgments of courts of another state, so long as:
1. court had jx (over parties and subject matter) 2. was on the merits 3. judgment was final |
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13th Amendment
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People cannot be or own slaves.
Can be used to prohibit private race discrimination. |
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Situations where private conduct must comply w/Constitution
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Public Function: traditonally, exclusively done by gov't
Entanglement Exception: Gov't affirmatively authorizes, encourages, or facilitates unconstitutional activity. |
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Rational Basis Test
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Law is upheld if RATIONALLY RELATED to a LEGITIMATE gov't purpose.
BOP: Challeger Need only be some conceivable legitmate purpose of law. |
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Intermediate Scrutiny
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Law is upheld if SUBSTANTIALLY RELATED to an IMPORTANT gov't purpose.
BOP: Gov't Ct looks to actual purpose of law. Means must be narrowly tailored (not least restrictive). |
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Strict Scrutiny
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Law upheld if NECESSARY to achieve a COMPELLING gov't purpose.
BOP: Gov't No less restrictive alternative can achieve objective. |
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Procedural Due Process
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Has the gov't deprived a person of life, libery, or property (an entitlement to a continued receipt of benefit)? --
If yes, gov't must supply procedures balancing: 1. important of interest to individual; 2. ability of addtional procedure to increase the accuracy of fact finding; and 3. gov't interest in administrative efficiency. |