Con Law Flashcards Preview

Bar Rules > Con Law > Flashcards

Flashcards in Con Law Deck (205)
Loading flashcards...

Four requirements for standing

1. Injury
2. Causation and redressability
3. No third party standing
4. No generalized grievances


What must plaintiff prove to show injury for standing purposes?

Plaintiff must allege and prove that he has been injured or will imminently be injured.

Injury is not established with mere ideological objection.

Plaintiffs may assert only injuries that they personally have suffered.


What type of injury must a plaintiff seeking declaratory or injunctive relief show?

A likelihood of future harm.


On exam--when question asks who has the best standing, look for what answer?

The plaintiff who has *personally* suffered the injury. Among these, look for the plaintiff who has suffered $$ damages.


What are causation and redressability?

A plaintiff is required to show that the defendant caused the injury so that a favorable court decision is likely to remedy the harm. Otherwise, it would be an advisory opinion.


What is the restriction on third party standing?

A plaintiff may not assert claims of others who are not before the court


When can a plaintiff assert the claims of others based on a close relationship to the injured party?

When there is a close relationship between the P and the injured party which means the P can be trusted to adequately represent the interests of the third party. Ex.--Dr./patient--Dr. has $$ injury but brings suit on constitutional grounds on behalf of patient.


When can a plaintiff assert the claims of another?

When the injured third party is unlikely to be able to assert his own rights.

Ex.--Jurors thrown out for unconstitutional reasons; are unlikely/unable to bring suit.


When may an organization sue on behalf of its members? (3 requirements)

1. Members would have standing
2. Interests are germane to organization's purpose
3. Neither the claim nor the relief requires the participation of individual members.


What is the rule against generalized grievances? What is the exception?

Plaintiff must not be suing solely as a citizen or a taxpayer interested in having the gov't follow the law.

Exception: Taxpayers have standing to challenge gov't expenditures pursuant to fed statutes violating the establishment clause.


What factors should be considered to determine whether a claim is ripe?

1. The hardship that will be suffered without pre-enforcement review of a statute or regulation.
2. The fitness of the issues and the record for judicial review.


Exam: What issue should you think about when you see a declaratory judgment action? A claim for injunctive relief?

Ripeness; Mootness


When is a claim moot? What will keep a claim alive?

If events after the filing of a lawsuit end the plaintiff's injury. The case must be dismissed because P must present a live controversy.A non-frivolous money damages claim will keep a case alive.


What are the three exceptions to the mootness requirement?

1. The wrong is capable of repetition but evades review because of its inherently limited time duration (e.g. abortion).
2. Voluntary cessation (by defendant)
3. Class action suits


What is the political question doctrine?

Courts will not adjudicate questions committed to the other branches of government.


What are four types of political questions?

1. Challenges under Art IV, Sec 4 (The US shall guarantee to each state a republican form of gov't)
2. Challenges to the President's conduct of foreign relations.
3. Challenges to the impeachment and removal process.
4. Challenges to partisan gerrymandering.


What are four types of cases that come to the Supreme Court?

1. Cases from state courts by writ of certiorari
2. Cases from U.S. courts of appeal by writ of certiorari
3. Appeals for decisions of three-judge federal district courts--automatically skip to SCOTUS, which must hear it
4. Original and exclusive jurisdiction for suits between state gov'ts


What is the final judgment rule?

Generally, SCOTUS can only hear cases after there has been a final judgment of the highest court of a state, or a U.S. Ct of Appeals, or a three-judge federal district court.


What must be true for SCOTUS to review a state court decision?

There must not be independent and adequate state law grounds for the decision. If the state court decision rests on two grounds, one state and one federal, and the reversal of the federal law ground will not change the result, SCOTUS cannot hear it. (e.g. identical damages under state & federal)


Federal courts and state courts may not hear suits against _____________

State governments-->goes to state and state agencies
--but NOT local gov'ts


What is the principle of sovereign immunity? Where is it found?

The 11th Amendment bars suits against states in federal courts. That is, state gov'ts generally cannot be named as Ds in federal court cases. Sovereign immunity bars suits against states in state court or fed agencies, even on fed law claims.


What are the exceptions to sovereign immunity? (4)

1. Waiver by a state--must expressly consent to being sued
2. States may be sued pursuant to fed laws adopted under Sec 5 of the 14th Amendment.
3. Fed gov't may sue state gov'ts
4. Bankruptcy proceedings


When and for what may state officers be sued?

Sovereign immunity does not bar suits by state officers. They may be sued for injunctive relief and for $$ damages to be paid out of their own pockets.
State officers may NOT be sued if the state treasury will be paying retroactive damages.


What is the abstention doctrine?

Federal courts may not enjoin pending state court proceedings.


What are the 'big three' powers of Congress?

Taxing, spending, and commerce


In what areas does Cg have a police power? [THINK: Cg has 'MILD' police power]

Indian reservations
Lands--federal lands
District of Columbia


Article I, Sec 8 says Cg can adopt all laws that are ____________________ to exercise its authority

necessary and proper


Congress may tax and spend for the ____________________.

general welfare


With whom may Cg regulate commerce?

Foreign nations, Indian tribes, and among the states


In what three ways may Cg regulate interstate commerce?

Cg may regulate
the channels of commerce,
the instrumentalities of commerce, and economic activities that have a substantial effect on interstate commerce.
(in the area of non-economic activity, a substantial effect *cannot* be based on cumulative impact)