Con Law Flashcards
What can be done one time and labeled as Preliminary Issues for a big essay
(1) Standing
(2) State action, if all the claims involve state action
What is the opening sentence on whether a court can hear a case and the four doctrines included?
Article III of the Constitution limits the federal courts to hear cases and controversies. For a federal case to satisfy this limit, four doctrines must be met: (1) the plaintiff must have standing, (2) the claim must be ripe, (3) the claim must not be moot, and (4) the claim must not involve a political question.
Note: This comes before your standing header and analysis
What is the overall rule for standing?
In order to have standing, a plaintiff must show injury in fact, causation, and redressability.
Define injury in fact
The party must have a real, concrete harm that is actual and imminent (as opposed to hypothetical).
Note: Economic losses are the classic form of injury in fact.
* Note: Injunctive or declaratory relief, must show a likelihood of future harm.
* Note: Bringing a case to test the constitutionality of a law is ok so long as the rules are met.
Define causation
The defendant’s actions are the cause of the plaintiff’s alleged injury
Define redressability
A court’s judgment could remedy the injury in fact (in part or in whole)
listen to some notes
- Examples where no redressability
o P who claims zoning policy prevent low-income people from finding housing fails
o Mothers who claim bad child support laws fail because a better not might not result in father providing support
o Poor people claiming IRS policy hurts them in receiving treatment fails because could not demonstrate a different IRS policy would lead hospitals to provide care
Note: If parents are filing for themselves and for their child, do standing analysis for the parents – e.g., their liberty was impacted, and for the son.
though there is a general bar against third party standing, what are the 2 exceptions
(1) for individual
(2) for association
2 situations in which an individual may assert a third party’s rights
(1) Close relationship between plaintiff and third party, OR
(2) Third party unlikely to assert their own rights
define standing for organization - 2 situations
for an organization to have standing, it can (1) base standing on an injury to itself, or (2) assert a claim on behalf of its members
3 requirements for organization to assert standing on behalf of its members
(1) Individual members have standing;
(2) Claim is related to the organization’s purpose; AND
(3) Suit does not involve participation from individual members.
Rule for tax payer standing
Tax payers only have standing if they assert an Establishment Clause claim that arises from Congress’s taxing/spending power
Notes
o Insufficient
Grants and tax credits
Congress expenditure out of its property power insufficient
Expenditures from general executive branch funds
- Note: Taxpayer does have standing to litigate their own tax bill (e.g., whether they really owe X dollars).
- Note: General welfare by itself is not enough, look for additional words of taxing and spending
what is the rule for ripeness
A claim is ripe when the plaintiff would suffer harm if review is denied.
o Note: Whenever you see request for declaratory judgment, consider the ripeness doctrine.
Note: If the law has not yet been enacted, case is not ripe unless party has to spend a lot of money preparing
Define mootness overall rule
A claim is not moot so long as there is an actual controversy at every stage of the litigation
define mootness 3 exceptions (to where claim is not moot)
(1) Harm capable of repetition to same plaintiff but evading review
(2) voluntary cessation of conduct where reasonably likely to resume
Note: An entire class action will not be dismissed as moot solely because the named party’s claim in the class is resolved/becomes moot.
What are the four types of political questions that federal courts will not adjudicate:
(1) Republican form of government clause
(2) President’s conduct in foreign affairs
(3) Senate’s impeachment and removal process
(4) Partisan gerrymandering (though court will weigh on racial gerrymandering)
what are the 2 areas in which the Supreme Court has original jurisdiction?
(1) disputes involving ambassadors or high-ranking ministers (lower courts have concurrent jurisdiction)
(2) matters between states or in which one state is involved
Note: Congress may not enlarge original jurisdiction of Supreme Court.
Two ways to invoke the Supreme Court’s Appellate jurisdiction
(1) Appeals - must hear - very few cases
(2) Writ of certiorari - may hear
what type of appeal must the court hear?
decisions made by 3 judge federal district court panels that grant/deny injunctive relief
how many judges to certify hearing a case by writ of certiorari?
4
what 2 types of cases can be heard on writ?
cases from highest state court where challenging constitutionality of any state or violation of a state law
any case from a federal court of appeals
Note: Congress can establish lower federal courts and tell them what kind of cases to hear
A Supreme Court will not hear a state court decision if what
If there are independent and adequate state law grounds
what are the 2 exceptions where SC will hear it
(1) unclear whether based on state law alone, or
(2) State follows federal Constitution.
Note: If the Supreme Court’s reversal of the federal claim would not change the outcome, the Supreme Court cannot hear it.
What is the rule on the Eleventh Amendment and sovereign immunity?
Under the Eleventh Amendment, states are protected from being sued in federal court (and in state court where sovereign immunity exists).