General Considerations

Question 1

3 Parts of Lawsuit

Answer 1

1) Jurisdiction/Justiciability
2) Rights/Merits
3) Remedies

Question 2

Equilibration Thesis

Answer 2

Court balances jurisdiction, rights, and remedies to maximize social benefit and minimize social/political costs (Marbury; Stuart v. Laird)

Question 3

Dispute Resolution Model

Answer 3

Judiciary’s role is to determine private rights, not general oversight

Question 4

Law Declaration Model

Answer 4

Judiciary’s role is to say what law is and enforce it

Question 5

Bar on Advisory Opinions

Answer 5

Correspondence of the Justices: courts cannot issue AOs (jurisdictional bar via Art. III)

Question 6

Definitions of Advisory Opinions

Answer 6

1) Dicta or alternative holdings
2) Declaratory judgments (allowed)
3) Adverse parties and res judicata required
4) Prospective decisions
5) Decisions ignoring threshold questions (e.g. jurisdiction)