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Flashcards in Federal Judicial Power Deck (39):

What are the 4 justiciability doctrines?

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.



True or false: A plaintiff cannot sue soley as a citizen or a taxpayer interested in having the gov't follow the law.



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?



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


All cases from the US Courts of Appeals come to SCOTUS by . . .

Writ of cert.


For which two sorts of cases does SCOTUS have obligatory review?

Appeals for decisions of three-judge federal DISTRICT courts (appellate)

Suits between state governments (original)


Generally, SCOTUS may hear cases only after there has been a final judgment issued by . . . (3)

Highest state court

Court of Appeals

3-Judge Federal District Court


In order for SCOTUS to review a state court decision, there must NOT be _____________________ for the decision.

An independent and adequate state law ground


If a state court decisions rests on two grounds, one state and one fed, when will SCOTUS refuse to hear it?

If SCOTUS's reversal of the federal law ground would not change the result in the case.


As a general rule, federal and state courts may not hear suits against state/fed government(s).

The state


Which amendment bars suits against states in federal court?



What doctrine bars suits against states in state courts or federal agencies?

Sovereign immunity


Sovereign immunity provides what protection to states?

Bars suits against states in state courts or federal agencies


There are four exceptions to state sovereign immunity. What are they?

State waives the immunity

States may be sued pursuant to federal laws adopted under Section 5 of the 14th (note: Congress cannot authorize suits against states under other constitutional provisions)

Federal government may sue the state



State officers may be sued for two things. What are they?

Injunctive relief; and

Money damages to be paid out of their own pockets.


State officers may NOT be sued for damages if . . .

The state treasury is paying retroactive damages.


Explain the doctrine of Abstention.

Federal courts may not enjoin pending state court proceedings


Under the doctrine of ______, Federal courts may not enjoin pending state court proceedings



A federal court will enjoin a pending state criminal court proceed if what is true of the prosecution?

It is being conducted in bad faith