Justiciable Case or Controversy Flashcards
4 Judicial Review Doctrines
(1) Standing
(2) Ripeness
(3) Mootness
(4) Political Questions
- Standing must always be addressed, the other 3 are only addressed if applicable to the facts
Individual Standing
P must show:
(a) Injury in fact,
(b) causation, and
(c) redressability
(a) Injury in Fact
Existing or imminent injury, concrete personal stake in the outcome.
What is P losing because of the constitutional violation
Taxpayer or 3rd Party Standing
(1) P’s special relationship with 3P adversely affected, or
(2) 3P would have difficulty asserting his own rights
*Taxpayer standing is only addressed in an Establishment Clause challenge to expenditure based on taxing or spending power
(b) Causation
Caused by the government/state conduct.
2 phrases in analysis: “Its only because of the (law,ordinance) that P is no longer able to _____ & “if it weren’t for the (law /ordinance) then P would continue to ______”
(c) Redressability
A decision in P’s favor must be able to eliminate the harm.
Write: If the law is declared unconstitutional, then P would continue to _______.”
Organizational Standing
(a) Individual members would have the right to sue.
(b) the lawsuit is germane to the org’s purpose, and
(c) neither the claim asserted nor the relief requested requires individual members’ participation.
Ripeness Doctrine
A case is unripe if it doesn’t present an immediate threat of harm. (“the claim is made to soon”)
*No advisory opinions, legislation thats not yet kaw, cases where court not final authority
Mootness
The claim is brought too late. There needs to be a real live controversy at all states of review, UNLESS
(1) Same complaining party subjected to same action
(2) wrong capable of repetition but evading review, OR
(3) class action lawsuits: not moot if some class members have live suits
11th Amendment
Applies to: Individuals
Limitation – private citizens cannot bring an action in federal court for damages against the states
Rule: Federal and state courts may not hear a private party’s claim against a state government (sovereign immunity)
Exceptions to 11 A: (1) federal gov can sue the states, (2) anyone can sue cities or counties, (3) when a state official has violated an individuals federal constitutional rights, or (4) you can sue a state official for money damages
11th Amendment Exceptions
A private individual can sue the state when:
(1) Defendant State express waiver (consent)
(2) suit pursuant to due process (5&14A)
(3) feds suing the state w/o consent
(4) state v. state
(5) individual v. state officer (injunctions)or out of pocket money damages
** suits against county or city governments allowed.
Suits against the Feds
The federal government has immunity from states and individuals, unless feds consented
(2) can get specific relief against fed officer for acting ultra vires
(3) cant sue president for actions taken while in office (executive privilege for confidential info is strong, but not absolute)
(4) cant sue legislators (and assistants) for conduct in the legislative process
Supreme Court Jx for Review
Almost all cases come by writ of certiorari (at its discretion), including cases from:
(1) state courts (w/ a fed Q)
(2) US Court of Appeals
(3) Appeals but only decisions of three judge federal district courts
(4) OG and exclusive jx for suits between governments
Supreme court has FINAL JUDGMENT RULE, needs final judgment from the highest state court, fed court of appeal or 3-judge federal district review
No adequate and independent state grounds (Supreme court will not hear appeal if the decision is rested on independent and adequate state law grounds even if federal issues are involved bc same result)
Original suits (state is a party or ambassador, public ministers, consul)
Appeals
