Federal Judicial Power Flashcards
(39 cards)
What are the 4 justiciability doctrines?
Standing
Ripeness
Mootness
Political Question Doctrine
In order to have standing, a plaintiff must alleged and prove that he or she has . . .
Been injured or imminently will be injured
Generally, what are the only types of injuries a plaintiff may assert?
Those they have personally suffered
If a question asks you to pick the answer wit the best argument for standing, first look for a what?
Then, if two qualify, pick the one containing a what?
Personally suffered injury
Financial/economic injury
If a plaintiff seeks injunctive or declaratory relief, he or she must show what?
A likelihood of future harm.
The plaintiff must allege and prove that D causes the injury so that a favorable court decision . . . .
Is likely to remedy the injury.
What is the general rule regarding 3rd party standing?
A plaintiff cannot assert claims of others, of third parties, who are not before the court.
In order to get around the rule against third party standing, what two things must be true?
The plaintiff himself must meet all of the standing requirements; AND
An exception must apply.
As an exception to the general rule, third party standing is OK if there is __________ between the plaintiff and the injured party.
A close relationship
As an exception to the general rule, third party standing is OK if the injured third party in unlikely to be able to . . .
Assert his or her own rights.
As an exception to the general rule against 3rd party standing, an organization MAY sue on behalf of its members if, the following 3 things are true:
The members would have had standing to sue
The interests are germane to the organization’s purpose; AND
Neither the claim nor relief requires participation of the individual members.
An injury for the purposes of standing cannot ordinarily include a _____ grievance.
Generalized
True or false: A plaintiff cannot sue soley as a citizen or a taxpayer interested in having the gov’t follow the law.
True.
Describe the Taxpayer Exception to the rule against generalized grievances.
TPs have standing to challenge government expenditures pursuant to federal, state, or local statutes as violating the Establishment Clause only.
True or False: An individual could obtain taxpayer standing to challenge a government grant of property to a religious school.
False. TPs have standing to challenge government expenditures pursuant to federal, state, or local statutes as violating the Establishment Clause only.
No standing to challenge grants of property.
Ripeness is the question of whether . . .
A federal court may grant pre-enforcement review of a statute or regulation.
If a question on the bar involves a request for declaratory judgment, consider what?
Ripeness
When determine whether a claim is ripe, courts consider what two factors?
The hardship that will be suffered without reenforcement review; and
The fitness of the issues and the record for judicial review
If the events after the filing of a lawsuit end the plaintiff’s injury, what result?
Case is dismissed as moot.
What are the three exceptions to the mootness doctrine?
Wrong capable or repetition but evading review
Voluntary cessation
Class Action Suits
In a class action suit, if the named plaintiff’s case becomes moot, what effect?
The Class will remain valid as long as at least one member still has a non-moot claim.
True or false: If the D volunatrily halts the offending conduct, but is free to resume it at any time, the case will be dismissed as moot.
False. Will NOT be dismissed as moot.
Under the political question doctrine, which four constitutional violation will the court refuses to adjudicate?
The republican form of government clause
Challenges to POTUS’s conduct of foreign policy
Challenges to the impeachment and removal process
Challenges to partisan gerrymandering.
All cases from state courts come to SCOTUS by what?
Writ of cert
