Judicial Review

Question 0

Constitutionally Mandated

Answer 0

infringement of a constitutional right without judicial review

Question 1

Requirements for Judicial Review

Answer 1

1. Specific legislative provision
2. Constitutionally mandated
3. Standing
4. Exhaustion of Administrative Remedies
5. Ripeness
6. Finality

Question 2

Standing Issues

Answer 2

Standing is a jurisdictional question

Objection to standing can be raised at any time

Question 3

Constitutional Requirements for Standing

Answer 3

personal stake in dispute

1. injury in fact
2. causal connection between injury and action challenged
3. injury can be redressed by a favorable decision of court

Question 4

Injury in fact

Answer 4

party must show it has injury

concrete and particularized

not generalized, abstract, or conjectural

Question 5

Fear of Harm

Answer 5

somewhat conjectural

court has recognized reasonable fear as injury for standing purposes

earth v laidlaw environmental services

Question 6

Procedural violation and injury for standing purposes

Answer 6

not by itself sufficient to satisfy injury requirement

Failure to follow procedure can cause injury but must assert more than failure to follow procedure to demonstrate standing

Question 7

Deprivation of information as sufficient injury for standing purposes

Answer 7

sufficient harm for standing purposes

Question 8

Aesthetic injury

Answer 8

must be concrete and particularized
not general interest in an area

individual use of an area for recreational purposes is sufficient

Question 9

Causation

Answer 9

injury fairly traceable to action complained of

Question 10

Redressability

Answer 10

must show decision favorable to the party will alleviate the injury

Question 11

Representational Standing

Answer 11

one or more members have standing to bring suit
mission of organization relevant to suit
Resolution of case will redress issue for all members

Question 12

Exhaustion of Administrative Remedies

Answer 12

parties must exhaust remedies available in administrative scheme

before resorting to court

prevent premature litigation

Question 13

Exceptions to Exhaustion of remedies doctrine (4)

Answer 13

1. appeal has no chance of success
2. non final order will result in irreparable harm without court intervention
3. agencies governing law is facially unconstitutional
4. clear lack of jurisdiction in agency to render decision

Question 14

Test for Ripeness

Answer 14

1. is issue fit for judicial resolution

2. withholding court review will impose hardship

Question 15

Doctrine of Finality

Answer 15

Ensures agency process is complete prior to judicial review

Question 16

When is something final - essay quote

Answer 16

it represents the consummation of agency decision making process
and
rights or obligations have been determined or legal consequences flow