Bar Prep - Constructional Law: Key Definitions Flashcards Preview

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Flashcards in Bar Prep - Constructional Law: Key Definitions Deck (29)
1

The scope of judicial power is limited to _____?

Cases and controversies, under Article III, Section 2.

2

How does judicial power relate to executive action?

Judiciary has the power to review executive action and declare unconstitutional.

3

How does judicial power relate to state action?

Judiciary has power to review decisions of highest state court.

4

What result to scope of judicial power under 11th amendment?

Prohibits citizens form suing another state in federal court.

5

What are the exceptions to 11th amendment as applied to scope of judicial power?

(1) Consent, (2) Injunctive relief, (3) Damages to be paid by individual

6

Explain the consent exception to the 11th amendment limitation on scope of judicial review.

A state may consent to suit by expressing waiving it's 11th amendment protection

7

Explain the injunctive relief exception to 11th amendment limitation on scope of judicial review.

11th amendment only bars suits for damages.

8

True or False. Actions by local governments are barred by the 11th amendment.

FALSE. Actions against local governments ARE NOT barred by the 11th amendment. 11th amendment applies to states and state agencies only. Local governments are not immune from suits.

9

What are the two types of supreme court jurisdiction?

(1) Original, and (2) appellate.

10

What are the two means of establishing appellate jurisdiction in the Supreme Court?

(1) Writ of certiorari, and (2) direct appeal.

11

What, if any, limitations are placed on SCOTUS jurisdiction?

Adequate and independent state grounds -- a final state court judgment that rests PURELY on adequate and independent state grounds may not be reviewed by SCOTUS.

State law grounds must fully resolve the meter (adequate) and not incorporate a federal standard by reference (independent).

12

What is required of a case for judicial review by federal court?

Plaintiff must have standing, and claim must be timely. No other bars to justiciability may apply.

13

What is the general rule of standing?

To have standing, P bears the burden of proving: (1) injury in fact, (2) causation, and (3) redressability.

14

What is the key to discussing questions on standing?

Focus on determining whether P is legally qualified to present a claim, not whether the claim has merit or substance.

15

Define components of "injury in fact"

Element of standing: injury must be concrete and particularized.

16

When is a future injury sufficient enough to meet burden of standing?

It cannot be merely hypothetical, but Actual and Imminent.

17

What is the definition of causation?

The injury must be caused by the D's violation of constitution or other federal right.

18

What is redressability?

The relief request must present or redress the injury.

19

What is the general rule regarding standing and taxpayer status?

Generally, taxpayer status alone is not sufficient to raise claims against government allocation of funds.

20

What is the exception to the general rule regarding taxpayer status and standing?

Taxpayer has standing to bring claims regarding funds allocation as a violation of the establishment clause.

21

What is the general rule regarding standing and third parties?

Litigant generally has no standing to bring lawsuit based on legal claims of third party.

22

What are the exceptions to the general rule regarding standing and third parties?

Generally third parties have no standing to bring claims of another, except where: (1) P unable to assert their own rights, (2) Special relationship between P and 3P, and (3) Adverse affect to relationship.

23

When would an organization have standing, if at all, to bring a claim before federal court?

Organization may bring claim when it has suffered an injury, defined as: (1) Members would have standing in their own right, and (2) Claim at stake is germane to organization's purpose.

24

True or False: Parent has standing to bring claim of minor child.

Generally, true.

25

What are terms used to assess timeliness of a claim?

(1) Mootness, and (2) Ripeness

26

A claim is moot when ______.

If further legal proceeding would have no effect, aka no controversy. Live controversy must exist at every stage.

27

What are the exceptions to mootness?

Court will not dismiss a claim as moot when: (1) capable of repetition, evading review, (2) voluntary cessation, and (3) class actions.

28

Name 3 types of claims that federal courts will refuse to review.

(1) Advisory Opinions, (2) Declaratory Judgments, and (3) Political Questions

29

Define a claim involving a political question.

No judicial review, because federal court will not rule on a matter in controversy that could be resolved by another branch.