Constitutional Law Flash Cards

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Title: Constitutional Law
Description: MultiState
Number of Cards: 21
Save Count: 0
Author: courtneyahuja95dx
Created: 2007-06-18
Tags: federal judicial power
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    • Question
    • Answer
    • Side 3
    • Requirements for Cases & Controversies
    • 1. Standing
      2. Ripeness
      3. Mootness
      4. Political question doctrine
    • What is standing?
    • Standing is the issue of whether the P is the proper party to bring a matter to the court for adjudication.
    • What must P allege and prove for Standing?
    • 1. Injury
      2. Causation and redressability
      3. No 3rd party standing
      4. No generalized grievances
    • Definition of Injury?
    • P must allege and prove that he or she has been injured or imminently will be injured.
      1. Personal injury P has suffered.
      2. Ps seeking injunctive/declaratory relief must show a likelihood of future harm
    • What is causation and redressability?
    • P must allege and prove that D caused the injury so that a favorable court decision is likely to remedy the injury.
    • Why no 3d party standing?
    • A plaintiff can't assert claims of others, of 3d parties, who are not before the court.
    • Exceptions to 3d party standing rule?
    • Standing allowed if:
      1. Close relationship between P and the injured 3d party
      2. Injured 3d party is unlikely to be able to assert his/her own rights.
      3. An org may sue for its members if:
      a. members would have standing
      b. interests are germane to org's purpose
      c. neither the claim nor relief requires participation of individual members
    • What's the rule for no generalized grievances?
    • P must not be suing solely as a citizen or taxpayer interested in having the gov't follow the law.
      Exception: taxpayers have standing to challenge gov't expenditures as violating the Establishment Clause
    • When does the issue of Ripeness usually arise?
    • Usually comes up in suits for declaratory judgment.
    • What is ripeness?
    • Whether a federal court may grant pre-enforcement review of a statute or regulation.
    • Factors to look at in determining ripeness?
    • 1. Hardship that will be suffered w/o preenforcement review.
      2. Fitness of the issues and the record for judicial review.
    • What is mootness?
    • If events after the filing of a lawsuit end the P's injury, the case must be dismissed as moot.
    • Exceptions to the rule on Mootness?
    • 1. Wrong capable of repetition but evading review
      2. Voluntary cessation
      3. Class action suits
    • What is the political question doctrine?
    • It refers to constitutional violations that the federal courts will not adjudicate.
    • What are examples of political questions?
    • 1. Republican form of gov't clause
      2. Challenges to the President's conduct of foreign policy
      3. Challenges to the impeachment and removal process
      4. Challenges to partisan gerrymandering (when controlling political party draws districts to maximimize seats for the party)
    • Requisites for Supreme Court Review?
    • 1. Virtually all cases come to the Supreme Court by writ or certiorari
      2. Generally, S.C. may hear cases only after there has been a final judgment of the highest state court, of a U.S. Court of Appeals, or of a 3-judge federal district court (final judgment rule)
      3. For S.C. to review a state court decision, there must not be an independent and adequate state law ground of decision.
    • Writ of Certiorari
    • 1. All cases from state courts come to S.C. by writ of certiorari
      2. U.S. Courts of Appeals: by writ of certiorari
      3. Appeals exist for decisions of the 3-judge federal district courts
      4. S.C. has original & exclusive jurisdiction for suits between state gov'ts.
    • What's the rule if a state court decision rests on 2 grounds, one state law and one federal law?
    • If the Supreme Court's reversal of the federal law ground will not change the RESULT in the case, the Supreme Court can't hear it!
    • LOWER FEDERAL COURT REVIEW
    • 1. Neither federal courts nor State courts may hear suits against State governments.
      2. Abstention: Federal courts may not enjoin pending State court proceedings.
    • Why can't federal/state courts hear suits against state governments?
    • 1. Principle of sovereign immunity
      a. 11th amendment bars suits against states in federal court
      b. Sovereign immunity bars suits against states in state courts or federal agencies
    • Exceptions to sovereign immunity?
    • 1. States can be sued when:
      a. Waiver by state permitted
      b. Pursuant to federal laws under section 5 of the 14th
      c. Federal gov't may sue state gov'ts
      2. Suits against State officers allowed for:
      a. Injunctive relief
      b. Money damages to be paid out of their own pockets
      c. But not if state treasury that will be paying retroactive damages.