Federal Judicial System Flashcards

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1
Q

Federal judicial system is limited to:

A

“cases” and “controversies”

Article III, Section 2

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2
Q

What is a “case or controversy”

A

A real and substantial dispute
that touches the legal relations of parties with adverse interests
and can be judicially resolved

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3
Q

When does a party have standing? Party must show:

A
  1. Injury in fact;
  2. Causation; and
  3. Redressability
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4
Q

What is injury in fact?

A

Plaintiff must show actual or imminent personal injury,

caused by the action he is challenging

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5
Q

What is causation?

A

∆’s conduct must have caused the injury

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6
Q

What is redressability?

A

The litigation, if it succeeds, must remedy the injury

OR

beneift the plaintiff

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7
Q

When can a party assert a claim for a 3rd party?

A

(1) The connection between plaintiff and 3rd party interest creates a special relationship
OR

(2) 3rd party is unable to bring suit

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8
Q

When can an association assert a suit for its members?

A

(1) Members have standing to sue to their own;
(2) the interest asserted is closely related to the association’s purpose;
(3) Participation from individual members not needed

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9
Q

Political questions

A

Federal courts cannot hear political questions

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10
Q

What is a political question?

A

A matter assigned to another branch by the constitution;

or does not have a judicial answer

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