Constitutional Law II: Chapter 3

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Various court doctrines sketch out the minimum conditions needed to adjudicate a case (judicial review). These thresholds do more than limit access by litigants. They shield judges from cases that threaten their independence and institutional effectiveness. They ration scarce judicial resources and postpone or avoid decisions on politically sensitive issues.

T or F
Article III of the Constitution limits the jurisdiction of federal courts to "cases" and "controversies."

Def
inappropriate for judicial consideration

T or F
The courts do not need to know whether the parties have been adversely affected.

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The adversary system seeks truth by having judges and juries observe a contest between two sets of professional advocates.

Do the Courts occasionally consider a case even when both parties agree on the issue?

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The S Court does usually hand out advisory opinions to the President or Congress.

How can courts offer "preventive relief" to parties uncertain of their legal rights in order to prevent injury?

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Declaratory relief decides only legal rights; it does not determine damages or the right to coercive relief.

Are declaratory judgements binding on the parties?

Are advisory opinions binding on the parties?

What did Congress pass in 1934 to remove legal uncertainty and give federal courts the power to declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought?

What did Justice Brandeis create in Ashwander v. TVA that limited the courts exercise of judicial review?

What did the Court hold regarding a Massachusetts statute that requires parental consent before an abortion if unmarried and under 18?

Was Justice Powell giving an advisory opinion in the case of Bellotti v. Baird?

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To satisfy the requirements of a case or controversy, parties bringing an action must have standing to sue.

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In regards to "standing," injuries may be only economic, actual, and to persons.

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Individuals, functioning in the role of private attorneys general, may have standing as "representatives of the public interest". This principle sometimes permits one party to assert the rights of third parties (jus tertii).

What is an example of third-party suits (sometimes called "next-friend" standing) that require special circumstances?

Do the courts allow exceptions when genuine obstacles prevent a third party from appearing in court (such as the need to maintain anonymity to avoid the loss of rights)?

Can Congress confer standing upon an individual or a group and can the courts defer to Congress on such matters?

What is the name for a suit brought by private individuals to enforce federal laws?

Can Congress compel the courts to grant standing for a suit that, in the opinion of judges, lack the necessary ingredients of a case or controversy?

Is there a difference in Article 1 standing and Article 3 standing?

In Frothingham v. Mellon who interpreted the decision as an absolute prohibition on taxpayer suits? What department?

T or F
The Flast Doctrine comes from the case where a taxpayer challenged the use of public funds for religious school.

What doctrine claims that standing focuses on the party, not the issue?

____ rules of standing are not constitutionally required, but they serve to limit the role of the courts in resolving public disputes.