Con Law

Question 1

Ripeness

Answer 1

the court will not hear a case unless: ∏ has been harmed OR there is an immediate or imminent threat of possible prosecution or harm

Question 2

Mootness

Answer 2

if the relief that would be requested has been obtained or is no longer a realistic solution then the court will not hear the case bc it is moot UNLESS:

the controversy is capable of repetition and yet evading review (e.g. divorce, pregnancy, elections)

Question 3

Individual Standing

Answer 3

∏ must show:

1. a specific injury that is greater & different than the injury that all persons suffer bc the govt is engaged in unconstitutional action;
2. a causal connection between the injury and the △’s conduct complained of; and
3. a ruling favorable to ∏ would eliminate the harm to the ∏

Question 4

Organizational Standing

Answer 4

An organization can challenge govt action that injures the org directly & can also challenge action that injures it’s members if:

1. there is a cause in fact that would give the individual member standing;
2. the injury is related to the orgs purpose; AND
3. neither the nature of the claim nor the relief requires the participation from individual members in the suit

Question 5

Third Party Standing

Answer 5

A ∏ may assert the constitutional right of others only if:

1. ∏ has personally suffered an injury (go through individual standing) AND either
2. 3rd parties find it difficult to assert their own rights OR
3. ∏’s injury adveresly affects ∏’s relationship w/ 3rd parties

Question 6

Supreme Court of the US

Answer 6

• has OG/exclusive jurisdiction over suits between states
• may hear a case only after a final judgment from highest state court of US Ct of Appeals OR of a 3 judge federal district court
• won’t exercise jurisdiction if state decision is based on independent & adequate state law grounds
  
  • if rests on 2 grounds (1 fed & 1 state) & reversal of fed law won’t change the result then SC can’t hear it

Question 7

11th Amendment bars

Answer 7

suits against states in fed court such as actions against:

1. state gov for damages;
2. state gov for declaratory/injunctive relief where the state is named as a party;
3. state gov officers where effect of suit is that retroactive damages will be paid through state treasury or where state land would be taken; AND
4. state gov officers for violating law unless 14th ammendment claim

Question 8

Commerce Clause

Answer 8

Congress has plenary power over interstate commerce. Interstate commerce is determined by whether fed law regulates:

1. channels (i.e., roads, rivers, highway,etc.);
2. instrumentalities (i.e., trucks, boats, phone,internet) ; or whether
3. regulated activities have a substantial economic effect on interstate commerce