Bar Prep - Constructional Law: Key Definitions

Question 1

The scope of judicial power is limited to _____?

Answer 1

Cases and controversies, under Article III, Section 2.

Question 2

How does judicial power relate to executive action?

Answer 2

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

Question 3

How does judicial power relate to state action?

Answer 3

Judiciary has power to review decisions of highest state court.

Question 4

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

Answer 4

Prohibits citizens form suing another state in federal court.

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

11th amendment only bars suits for damages.

Question 8

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

Answer 8

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.

Question 9

What are the two types of supreme court jurisdiction?

Answer 9

(1) Original, and (2) appellate.

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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).

Question 12

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

Answer 12

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

Question 13

What is the general rule of standing?

Answer 13

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

Question 14

What is the key to discussing questions on standing?

Answer 14

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

Question 15

Define components of “injury in fact”

Answer 15

Element of standing: injury must be concrete and particularized.

Question 16

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

Answer 16

It cannot be merely hypothetical, but Actual and Imminent.

Question 17

What is the definition of causation?

Answer 17

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

Question 18

What is redressability?

Answer 18

The relief request must present or redress the injury.

Question 19

What is the general rule regarding standing and taxpayer status?

Answer 19

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

Question 20

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

Answer 20

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

Question 21

What is the general rule regarding standing and third parties?

Answer 21

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

Question 22

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

Answer 22

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.

Question 23

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

Answer 23

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.

Question 24

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

Answer 24

Generally, true.

Question 25

What are terms used to assess timeliness of a claim?

Answer 25

(1) Mootness, and (2) Ripeness

Question 26

A claim is moot when ______.

Answer 26

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

Question 27

What are the exceptions to mootness?

Answer 27

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

Question 28

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

Answer 28

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

Question 29

Define a claim involving a political question.

Answer 29

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