POLI 4021 Mid term LSU--- limits on Judicial Powers

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Author:
ladonna1990
ID:
176665
Filename:
POLI 4021 Mid term LSU--- limits on Judicial Powers
Updated:
2012-10-09 21:51:18
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POLI 4021 Mid term LSU limits Judicial Powers
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POLI 4021 Mid term LSU--- limits on Judicial Powers
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  1. writ of mandamus 
    a judicial order commanding a government offical to perform a task 
  2. Judicial Act of 1789
    Creates the lower courts and gives the SC the authority to issue writ of mandamus in its original jurisdiction 
  3. Justicibility 
    Article III, "Case" and "Controveries" 
  4. Advisory Opinion
     Must contain an actual controversy 
  5. Collusion
    Courts will not hear cases where both parties want the same outcome; there is no controversy between the parties, there purpose is merely to get the court to rule on something
  6. Mootness 
    Court will not decide in a case when there is no longer a controversy 
  7. Ripeness 
    Court will not hear a case that has been brought too early EX before all poes into effect; all other avenue must be exausted 
  8. Political Question
    Court will not hear cases involving "political questions"
    • 1. Seperation of powers- legal questions involving co-equal branches of government 
    • 2. foreign affairs- Courts should not risk embarrassing the US abroad
    • 3. Judicially manageable standards lacking- can the courts help
    • 4.Standing- article III requires 
    • §  The party must have suffered a  injury or be in imminent danger of suffering
    • such a loss

    • §  The injury must be trace able to the
    • defendant

    • §  The party must show that a favorable
    • court decision will provide a remedy 

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