Art. I - Judicial Review

Question 1

4 requirements for cases/controversies?

1. ______
2. ______
3. ______
4. ______

Answer 1

1. Standing
2. Ripeness
3. Mootness
4. Not a Political Question (PQD)

Question 2

Standing requires that plaintiff prove that she has suffered an _____ or ____________ ___ __ ______.

Standing

Answer 2

Standing requires that plaintiff prove that she has suffered an Injury or Imminently will be injured.

Standing

Question 3

Plaintiffs seeking injunctive/declaratory relief must show a ________________ __ _________ _______.

Standing

Answer 3

Plaintiffs seeking injunctive/declaratory relief must show a Likelihood of Future Harm.

See Lyons

Standing

Question 4

Standing requires Causation and ________.

This requirement prohibits the court from issuing __________ opinions.

Standing

Answer 4

Standing requires Causation and Redressability.

This requirement prohibits the court from issuing advisory opinions.

Standing

Question 5

3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:

1. ______
2. ______
3. ______

Standing

Answer 5

3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:

1. Close Relationship (between P & 3rd-party)
2. 3rd-Party is Unlikely or Unable to Assert Their Own Rights
3. Organization Suing on Behalf of Its Members

Standing

Question 6

Per the doctrine of Generalized Grievances: : A plaintiff may not ____________________

(with a few exceptions)

Standing

Answer 6

Per Generalized Grievances:

A plaintiff may not sue solely as a citizen or taxpayer interested in having the government comply with a law.

(with a few exceptions)

Standing

Question 7

Exception to Generalized Grievances

1. A taxpayer has standing to challenge ______

Standing

Answer 7

Exception to Generalized Grievances

1. A taxpayer has standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Cause.

Standing

Question 8

_____________ is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

Answer 8

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.