Constitutional Law

Question 1

TOPIC REVIEW

TRUE OR FALSE

Article III of the Constitution empowers federal courts to issue advisory opinions.

Answer 1

FALSE

Question 2

RULE STATEMENT

Ripeness

Answer 2

Justiciability requires a claim include a present dispute that is not speculative in nature and ready for adjudication.

Question 3

TOPIC REVIEW

Under what circumstances can a plaintiff establish ripeness before a law or policy has been enforced?

Generally, pre-enforcement reviews of laws or policies are not ripe.

Answer 3

Fitness. The issues are fit for a judicial decision.

Substantial Hardship. The plaintiff would suffer substantial hardship in the absence of
review

Question 4

RULE STATEMENT

Mootness

Answer 4

An actual controversy must exist at all states of judicial review, not merely at the time the complaint if filed. When an adversarial claim no longer affects the resolution of a legal issue due to loss of controversy, or is no longer definite and concrete, the issue is rendered moot.

Question 5

TOPIC REVIEW

What are the three (3) exceptions to the mootness doctrine where the injury supporting a claim has passed?

Answer 5

1. Controversies Capable of Repetition
2. Voluntary Cessation
3. Class Actions

NOTE:Class actions in which the class representative’s controversy has become moot but requires the claim of at least one other class member still be viable.

Question 6

RULE STATEMENT

Standing

Answer 6

A plaintiff has standing only if he can allege personal injury, or an invasion of a legally-protected interest that is concrete and particularized, actual or imminent, not conjectural or hypothetical, that is fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.

Injury-in-Fact
Causation
Redressibility

Question 7

RULE STATEMENT

Organizational Standing

Answer 7

An organization has standing to sue on behalf of its members if there is an injury in fact to the members, the members’ injury is related to the organization’s purpose, and individual member participation in the lawsuit is not required

Injury-inFact
Injury Related to Organizational Purpose
Individual Member Participation Not Needed

Question 8

BLACK LETTER

TRUE OR FALSE

A person has standing as a citizen or taxpayer to bring an action against the governemnt claiming it violated federal law or the Constitution.

Answer 8

FALSE

Question 9

TOPIC REVIEW

What are exceptions to the general rule that mere citizenship does not establish standing?

Answer 9

Challenging Tax Liability. Taxpayers have standing to challenge their own tax bills.

Tenth Amendment Violations. People have standing to challenge federal action that violates the Tenth Amendment, whcih reserves certain powers for the states.

Congressional Spending. People have standing to challenge congressional spending measures on First Amendment Establishment Clause grounds where plaintiff has suffered an injury that has already occurred or imminently will occur.

Question 10

RULE STATEMENT

Abstention

Answer 10

A federal court will temporarily abstain from resolving a constitutional claim when the disposition rests on an unsettled question of state law.