General Flashcards

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1
Q

“In all federal cases, in which a State shall be a party, the SC shall have original jx”

A

Article 3, Section 2, Clause 2

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2
Q

T/F
Article 3, Section 2, Clause 2 require that the SC have exclusive original jx over all matters in which a state is a party

A

False

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3
Q

Congress can allow certain suits where the state is a party to b filed in ___ without violating ____

A

federal district courts

the constitution

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4
Q

In ordeer for an opinion to not be advisory, there must be ____ & ____

A

an actual dispute between adverse litigants

a substantial likelihood that a federal court decision in favor of a claimant will bring about some change or have some effect.

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5
Q

Justice Marshall emphizied in Marbury that is the ____ and duty of the ____ branch to say ____

A

province
judicial
what the law is

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6
Q

T/F

It is the role of executive officials to review court decisions for accuracy

A

False
This is the role of the judicial branch. Legislation that allows for review by the executive branch violates the principle of separation of powers

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7
Q

Injury must be ___ & ___

A

actual and imminent

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8
Q

“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

A

Article 1, sec. 8, cl. 3

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9
Q

What are the three broad categories of activity that Congress may regulate under the Commerce Clause?.

A

(1) The power to regulate the use of CHANNELS of interstate commerce such as waterways or highways;
(2) The power to regulate the INSTRUMENTALITIES of interstate commerce such as airplanes or trucks; and
(3) The power to regulate those activities that SUBSTANTIALLY AFFECT interstate commerce

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10
Q

What constitutes as a “channel”?

A

Highways, waterways, airways

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11
Q

What constitutes as “instrumentalities”?

A

Airplanes, trucks, boats

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