Con Law Flashcards by Cristhian Tucker

property crimes 1

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property crimes 2

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property crimes 3

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property crimes 4

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property crimes 5

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property crimes 6

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property crimes 7

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property crimes 8

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property crimes 9

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property crimes 10

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property crimes 11

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property crimes 12

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property crimes 13

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property crimes 14

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property crimes 15

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property crimes 16

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property crimes 17

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property crimes 18

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property crimes 19

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property crimes 20

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property crimes 21

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property crimes 22

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property crimes 23

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property crimes 24

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property crimes 25

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property crimes 26

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property crimes 27

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property crimes 28

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property crimes 29

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property crimes 30

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property crimes 31

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property crimes 32

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property crimes 33

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property crimes 34

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property crimes 35

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Crimes to People 1

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Crimes to People 2

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Crimes to People 3

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Crimes to People 4

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Crimes to People 5

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Crimes to People 6

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Crimes to People 7

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Crimes to People 8

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Crimes to People 9

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Crimes to People 10

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Crimes to People 11

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Crimes to People 12

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Crimes to People 13

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Crimes to People 14

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Crimes to People 15

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Crimes to People 16

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Crimes to People 17

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Crimes to People 18

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Crimes to People 19

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Crimes to People 20

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Crimes to People 21

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Crimes to People 22

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Crimes to People 23

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Crimes to People 24

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Crimes to People 25

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Crimes to People 26

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Crimes to People 27

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Crimes to People 28

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Crimes to People 29

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Crimes to People 30

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Crimes to People 31

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Crimes to People 32

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Crimes to People 33

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Crimes to People 34

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Crimes to People 35

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Crimes to People 36

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Crimes to People 37

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Crimes to People 38

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Crimes to People 39

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Crimes to People 40

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Crimes to People 41

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Crimes to People 42

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Crimes to People 43

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Crimes to People 44

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Crimes to People 45

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Crimes to People 46

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Crimes to People 47

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Crimes to People 48

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Crimes to People 49

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Crimes to People 50

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Crimes to People 51

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Crimes to People 52

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Crimes to People 53

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Crimes to People 54

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Crimes to People 55

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Crimes to People 56

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Crimes to People 57

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Crimes to People 58

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Crimes to People 59

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Crimes to People 60

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Crimes to People 61

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Crimes to People 62

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Crimes to People 63

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Crimes to People 64

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Crimes to People 65

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Crimes to People 66

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Crimes to People 67

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Crimes to People 68

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Crimes to People 69

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Crimes to People 70

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Defenses 1

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Fundamentals 1

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Fundamentals 2

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Fundamentals 22

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Fundamentals 26

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Fundamentals 27

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Fundamentals 39

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Inchoate Crimes 1

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Inchoate Crimes 2

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Inchoate Crimes 3

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Inchoate Crimes 4

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Inchoate Crimes 5

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Inchoate Crimes 6

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Inchoate Crimes 7

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Inchoate Crimes 8

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Inchoate Crimes 9

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Inchoate Crimes 10

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Inchoate Crimes 11

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Inchoate Crimes 12

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Inchoate Crimes 13

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Inchoate Crimes 14

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Inchoate Crimes 15

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Inchoate Crimes 16

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Inchoate Crimes 17

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Inchoate Crimes 18

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Inchoate Crimes 19

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Inchoate Crimes 20

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Inchoate Crimes 21

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Inchoate Crimes 22

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Inchoate Crimes 23

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Inchoate Crimes 24

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Inchoate Crimes 25

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Inchoate Crimes 26

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Inchoate Crimes 27

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Inchoate Crimes 28

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Inchoate Crimes 29

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Inchoate Crimes 30

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Inchoate Crimes 31

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Inchoate Crimes 32

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Inchoate Crimes 33

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Inchoate Crimes 34

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Inchoate Crimes 35

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Rapid Fire 1

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Statements & Confessions 1

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Tria Stages 1

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Article III, section 2, of the Constitution limits the jurisdiction of the Federal Courts to?

Limits of Federal Jurisdiction

Law-Based Federal Jurisdiction

Party-Based Federal Jurisdiction

What limits the jurisdiction of Federal Courts?

Article III, section 2 of the United States Constitution limits the jurisdiction of Federal Courts.

What are the 5 party-based sources of Federal Court jurisdiction?

The Federal Courts have jurisdiction over any cases involving:

The United States Government as a party
State v. State action
State v. Non-State citizens
Citizens of Different States + >$75k in controversy
Foreign Diplomats.

What does the 11th Amendment prohibit?

Private individuals cannot sue the States (does not include city, counties, or state officials) for money damages in any court (injunctions are not barred).

When does the 11th Amendment allow private citizens to seek money damages from a state?

Congress can use its enforcement powers to authorize private suits against states for money damages for violations of 13th, 14th, and 15th Amendments.

What steps should you take in examining a claim’s case and controversy requirements?

If claim fails any of the requirements, the claim will not be heard.

Is the case ripe?
Will the court invoke abstention?
Is the controversy moot?
Does the claim involve an non-judiciable political question?
Does the party bringing the claim have standing?

What are the elements required for a party to have standing to bring a suit?

Injury: the claimant must have suffered an actual or imminent personal injury (≠ legislator, constitution lover, taxpayer)
Causation: The defendant’s conduct must have caused the claimant’s injury
Remedy Available: Litigation of the claim must remedy or benefit the claimant

What are the steps for analyzing if a third party has standing?

There is a special relationship between the plaintiff and the third party such that the plaintiff’s interest is connected to the third party’s constitutional rights; and,
There is incapacity of the plaintiff.

What are the steps for analyzing whether an organization has standing?

Member Standing: would members have standing to sue as individuals
Purpose of the Association: does the association have a purpose related to the interest of the suit

And

Member Participation Not Required: the litigation must not require a particular member to bring the suit (ask: will the same remedy address all their claims).

Define when a lawsuit is ripe.

A lawsuit is ripe when the plaintiff has an actual injury

Blank

Why will a Federal Court refuse to hear the case if a suit is not ripe?

A Federal Court will not hear a non-ripe case because the Federal Court does not issue advisory opinions

Define when a legal dispute becomes moot?

A lawsuit is moot when when it is too late for a court to give remedy to avoid or fix the harm.

What is the exception to a case being moot?

A case will not be moot when there is an injury capable of repetition that is evading review. This means that a case will not be moot if the injury has the ability to happen over and over again.

On the MBE, questions testing “ripeness” or “mootness,” will often involve what type of suits?

Suits seeking a declaratory judgment.

What elements will prohibit a claim resting on a political question from being adjudicated?

The court will not hear a political question if:

There is a textual commitment to give discretion outside the court

There are no standards for the lower courts to apply and it is left up to the political process.

Define the Doctrine of Abstention.

A practice whereby Federal Courts give deference to the decisions of State Courts.

In what 2 instances may a Federal Court Abstain from a case?

If the meaning of a state law or regulation is unclear. In this situation, the state court might interpret the statute so as to avoid the constitutional issue; or,
Where a state court proceeding is adjudicating the same matter, the federal court will abstain from hearing the same matter.

Define the Adequate and Independent State Grounds Rule.

A Federal Court will not hear an appeal from a state high court if the state court decision is supported (grounded) by state law grounds.

When will a state law ground be adequate to satisfy the adequate and independent state grounds rule?

A state law that invalidates a party’s claim exclusively on state law grounds will avoid Federal Court review. However, it will usually not be adequate if it is upheld under both state and federal law—it must be able to rest solely on state law grounds.

What is the exception to the adequate and independent state grounds rule?

A Federal Court will review a state court’s decision if the state law used in the decision tracks federal law and the state court has a practice of following the federal interpretations of the particular law.

The Adequate and Independent State Grounds Rule only applies to which courts?

Only the U.S. Supreme Court

When does the United States Supreme Court have original jurisdiction?

When foreign diplomats are parties to the suit; and,
When ≥ 2 States have claims against each other.

What are the (2) types of jurisdiction that the United States Supreme Court maintains?

Appellate Jurisdiction; and,
Original Jurisdiction

Define when appellate jurisdiction exists.

Appellate jurisdiction exists when either the United States Constitution or a Federal law is at issue.

What power does Congress have over Federal Court jurisdiction?

Congress can modify the jurisdiction of the lower Federal Courts only (District and Circuit Courts).

Define the limits on Congress’ establishment of federal jurisdiction.

Congress cannot give a party with appellate jurisdiction original jurisdiction in the United States Supreme Court.

Define the type of opinions that Federal Courts CANNOT issue

Advisory Opinions

On the MBE, courts should only refuse to hear a case based upon a political question in which scenarios?

Foreign Relations
Gerrymandering
Impeachment

What are the (3) Law-Based sources of Federal Jurisdiction?

US CONSTITUTION
FEDERAL LAWS
MARITIME

When does a taxpayer have standing sufficient to bring a lawsuit?

A taxpayer has standing anytime there is a law violating the establishment clause (seperation of church and state).

List (3) examples of non-judiciable political questions.

Impeachment
Partisan Gerrymandering
Foreign Affairs

In what (3) instances will a case not be dismissed as moot?

There are collateral legal consequences to be determined

The injury is capable of repetition; or,

There is still a redress needed for an injury suffered.

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