Judicial Review Flashcards
What are standing requirements?
Art. III requires a person to show:
1. Injury in fact
2. causation
3. redressability
What is injury in fact for purposes of standing?
An actual or imminent injury that is direct and personal
What is causation for purposes of standing?
Injury was caused by the challenged action
What is redressability for purposes of standing?
P will benefit from the remedy sought in the litigation
What is rule regarding third-party standing?
A party may have standing to enforce the rights of a third party if either:
- a special relationship exists between the claimant and the third party because of the connection between the interests of the claimant and the constitutional rights of the third person
- The third party is unable or finds it difficult to bring suit on its own behalf
When does an organization have standing to assert claims of its members?
An organization has standing to assert claims of its members if:
1. the members would have standing to sue in their own right
2. the interest asserted is germane to the organization’s purpose
3. neither the claim asserted nor the relief requested requires the individual members to participate in the lawsuit
When does ripeness bar adjudication?
Ripeness bars consideration of claims before they have fully developed
When would a case be dismissed as moot?
If a controversey or matter has been resolved then the case will be dismissed as moot
What is an exception to mootness for purposes of adjudicating a case?
A case will not be dismissed if the injury is capable of repetition, yet evading review, even if the particular issue has resolved
What is political question doctrine?
Federal courts cannot hear cases involving political questions
What are political questions?
Political questions are matters assigned to other branches of government by the constitution, or are otherwise incapable of being answered by the judiciary
What are factors establishing whether something is a political question?
- something in the constitution suggests that ultimate decision-making authority is given to another governmental actor
- the required decision is political rather than legal in character
When may federal courts abstain from hearing a particular case?
Federal courts may abstain or refuse to hear a particular case when undecided issues of state law are presented
What are adequate and independent state grounds?
If a state court judgement can be supported on adequate and independent state grounds, the Supreme Court will not take jurisdiction for an appeal
