Lesson 2: Powers of the Federal Government Part 1 Flashcards

1
Q

Case and Controversy Requirement (Article, Section)

A

Article III, Section 2 of the federal constitution limits federal court jurisdiction to matters where an actual and substantive controversy exists.

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2
Q

Standing (Article #)

A

Article III requires that a person must show a direct and immediate personal injury in order to have standing to bring a claim in federal court.

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3
Q

Association Standing

A

Associations have standing to assert the rights of their members where:

1) The members themselves would have standing;
2) The interest asserted is relevant to the association’s purpose and;
3) The members themselves are not indispensable parties.

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4
Q

Exception to Non-Recognition of Taxpayer Standing

A

Where a federal tax involving a federal spending power results in an infringement of a specifically guaranteed constitutional right, taxpayer standing may be allowed if there is a logical nexus between the federal tax and the infringement of the constitutional right.

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5
Q

Third Party Standing

A

Third party standing will exist where:

1) There is a close nexus between the claimant and the third party;
2) Where there is a high risk of compromising substantial rights or;
3) It is not reasonable for the third party to assert his own rights.

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6
Q

Ripeness Doctrine

A

In order to bring a suit in federal court, the plaintiff must either have sustained an actual injury or an imminent threat of actual injury must exist. Otherwise, the case will be deemed unripe for judicial review.

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7
Q

Abstention Doctrine

A

A federal court may abstain or refuse to hear a particular case when there are complex, undecided issues of state law presented.

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