definitions Flashcards
What is justiciability?
Justiciability refers to the types of matters that federal courts can resolve. If a case is ‘nonjusticiable,’ a federal court cannot hear it.
What is mootness?
Mootness arises when there is no longer an actual controversy between the parties, and any ruling by the court would have no practical impact.
Example: Marco Defunis’s challenge to an affirmative action program involving admission to law school was dismissed by the SCOTUS because he had already been admitted and would graduate regardless of the outcome of his case.
What is ripeness?
Ripeness refers to the readiness of a case for litigation. A case is nonjusticiable if the controversy is premature.
What are political questions?
A suit that involves what is deemed a political question will NOT be considered justiciable. This occurs when an issue is so politically charged that federal courts should not hear it.
What are the two aspects in determining political questions?
- If the decision is committed to another branch of government - not the judiciary’s decision. 2. If there is no identifiable clear judicial standard that can be developed.
What is standing to sue?
To invoke the court’s jurisdiction, the plaintiff must demonstrate that: 1. A party must have suffered a concrete injury or be in imminent danger of suffering such a loss. 2. The injury must be ‘fairly traceable’ to the challenged action. 3. A favorable court decision is likely to provide redress.
What is original jurisdiction of the SCOTUS?
Article 3, Section 2 limits this to a small number of cases, including cases affecting ambassadors, public ministers and consuls, and those in which a state may be a party.
What is appellate jurisdiction of the SCOTUS?
Article 3, Section 2 states that in all other cases, the Supreme Court will have appellate jurisdiction, allowing it to review and change decisions of lower courts.
What are Article III courts?
Federal courts established by, or under Article 3 of the U.S. Constitution, including the Supreme Court, courts of appeals, district courts, and the Court of International Trade.
What is federal jurisdiction?
Cases may be brought in federal courts when they involve the federal constitution, federal laws, federal officials, or federal rules or regulations.
What is diversity of citizenship jurisdiction?
Civil lawsuits may be brought in federal courts when all plaintiffs reside in one state, while all defendants reside in another state, or if a substantial amount of money is involved.
What is abstract judicial review?
Abstract judicial review occurs in the absence of an actual case or controversy and before a challenged law has taken effect.
Example: If the chamber of deputies passes a law, someone can file a petition claiming it violates the constitution, and the constitutional council can decide the abstract issue.
What is concrete judicial review?
Concrete judicial review can only be exercised in concrete cases and only after the fact, requiring suits to be brought by parties with real interest in the outcome.
What is the rule of four?
The rule of four is a practical decision-making rule used by the SCOTUS to determine whether to grant a writ of certiorari, permitting 4 of the 9 justices to grant it.
What is discretionary review?
Discretionary review gives authority to appellate courts to decide which appeals they will take out of the cases submitted to them.
What is original intent?
Original intent is the theory of interpretation by which judges ascertain the meaning of a constitutional provision by determining how it was understood at the time it was drafted.
What is original meaning or design?
Original meaning or design considers how certain words and phrases were interpreted and defined in 1781 when the document was written.
What is evolutionary understanding?
Evolutionary understanding refers to the interpretation of constitutional provisions as they evolve over time.
What is stare decisis?
Stare decisis, meaning ‘let the decision stand,’ looks to what courts have written about a clause, causing it to become a binding precedent.
What is settled law?
Settled law, or ‘black-letter law,’ refers to law that is so well-established that it is no longer subject to reasonable dispute.
What is selective incorporation?
Selective incorporation is a theory that rights guaranteed by the first 8 amendments to the U.S. Constitution are incorporated into the Fourteenth Amendment’s due process clause.
What is selective incorporation plus?
Selective incorporation plus refers to rights not limited to original provisions, including considerations from the 9th amendment.
What is the due process decade?
The due process decade refers to the 1960s, during which most decisions involving selective incorporation occurred.
What is total incorporation?
Total incorporation is the view that the Fourteenth Amendment’s due process clause embraces all guarantees in the Bill of Rights and applies them to state law cases.
