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19 Cards in this Set

  • Front
  • Back
Third Party Standing
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.
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)
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
Political Question Doctrine
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
Cases eligible for Supreme Court Review
1. writ of certiorari (discretionary; all state, US Ct App cases, 3 judge federal district cts)
2. B/w State gov'ts
Federal Police Power
There is no general federal police power, except:

1. Military
2. Indian reservations
3. federal Land or territories
4. District of Columbia
Eleventh Amendment
Bars suits against states in federal court.
Presidential Pardon Power
President can pardon only for FEDERAL CRIMINAL liability.
1. Express
2. Implied (mutually exclusive)
3. State law impedes
4. Clear intent to preempt
Dormant Commerce Clause
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)

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)
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
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.
Full Faith and Credit
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
13th Amendment
People cannot be or own slaves.

Can be used to prohibit private race discrimination.
Situations where private conduct must comply w/Constitution
Public Function: traditonally, exclusively done by gov't

Entanglement Exception: Gov't affirmatively authorizes, encourages, or facilitates unconstitutional activity.
Rational Basis Test
Law is upheld if RATIONALLY RELATED to a LEGITIMATE gov't purpose.

BOP: Challeger

Need only be some conceivable legitmate purpose of law.
Intermediate Scrutiny
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).
Strict Scrutiny
Law upheld if NECESSARY to achieve a COMPELLING gov't purpose.

BOP: Gov't

No less restrictive alternative can achieve objective.
Procedural Due Process
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.