Con Law - Judicial Powers

Card Set Information

Author:
richardlpeterson
ID:
131238
Filename:
Con Law - Judicial Powers
Updated:
2012-01-28 17:44:05
Tags:
VA barbri
Folders:

Description:
Con Law - Judicial Powers
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user richardlpeterson on FreezingBlue Flashcards. What would you like to do?


  1. Cases and Controversies
    • No Advisory Opinions: only actual cases and controversies
    • Ripeness: P must allege actual harm or immediate threat of harm; significant events necessary to sharpen the issues have not yet occurred
    • Mootness: dismissed unless actual, live controversy b/t the parties at all stages of the litigation, including appeal.
    • Not moot if:
    • 1. injury is capable of repetition to this P (Roe v. Wade)
    • 2. case is brought as a class action and issues remain alive at least to one member
    • 3. collateral consequences or some continuing issues b/t the parties
    • 4. D has ceased harm but is free to return to old ways
  2. Standing
    • 1. P must suffer injury in fact (anything other than mere ideological harm)
    • 2. Cusation : is the harm "fairly traceable" to the govt's actions?
    • 3. Redressability : can the court do somthing to remedy the injury (damages, injunction)?
  3. Standing
    Organizations (for its members)
    • May sue for members if:
    • 1. a member or members would have standing, and
    • 2. the members' injury is related to the purpose of the organization, and
    • 3. there is no reason (like award to individuals) that would require participation of the individual members in the suit (typically injunction)
  4. Standing
    Rights of Others/3d Party
    • generally not
    • can if
    • 1. the party has suffered some actual injury, and
    • 2. there is a special relationship b/t the party and the 3d person and some hindrance to 3d party raising rights
  5. Standing
    Citizen
    • no such thing
    • still requires a personal harm
  6. Standing
    Taxpayer
    • may sue to challenge their own tax liability
    • no standing as taxpayers to challenge how the govt spends the money it has collected
    • Except:
    • have standing to challenge - 1) laws enacted under Congress' taxing and spending powers and 2) exceeding a specific constitutional limite on taxing and spending
  7. Standing
    Legislator's
    • may challenge acts that cause them a personal and concrete injury (denied right to vote on legis)
    • no standing to challenge laws which were properly enacted but which he or she believes are unconst
  8. SCOTUS review of State Court Judgments
    • may review if (ONLY):
    • 1. case involves a matter of federal law, and
    • 2. final judgment, and
    • 3. from highest state court authorized, and
    • 4. no independent + adequate state ground
  9. Independent and Adequate State Grounds
    • independent: state law does not depend on an interpretation of federal law or incorporate a federal standard
    • adequate: no matter how federal issue is decdied, outcome will be the same under resolution of the state law issue
  10. Doctrine of Abstention
    federal court will decline to hear a case challenging a state law if it involves a const challenge to the state law, but the meaning of the state law is unclear or unsettled, or the matter is already pending before state judicial or administrative tribunals
  11. Political Question Doctrine
    • will not decide them if constitutionally committed to another branch of the govt to decide or beyond competence or enforcement of judiciary
    • Examples:
    • republican form of government clause challenge
    • true foreign affairs or military command decisions
    • impeachment procedures
    • seating of delegates at national political convention
    • election and qualification of Congress
    • procedures to amend the constitution
  12. 11th Amendment
    • A private party cannot sue a state in federal court, unless the state expressly consents, or Congress clearly says so to enforce 14th Am rights
    • Can sue state officers in individual capacities for damages, and for injuctions
    • Details for 11th to Bar:
    • P must be a private party, not a govt
    • D must be a state (not local)
    • must be for money to be paid out of state treasury or for injunction or declaratory relief where the state is the Named Party
    • 11th Am only bars suits in federal court; a P might still be able to sue a state in state court
    • But states may raise sovereign immunity against such claims in their own courts
    • A state may consent to be sued in federal court, but must be unmistakably clear
    • Congress may allow Ps to sue states under antidiscrimination statutes under 14th Am but Congress must be clear

What would you like to do?

Home > Flashcards > Print Preview