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NY BAR REVIEW > NY BAR REVIEW CONSTITUTIONAL LAW AUDIO > Flashcards

NY BAR REVIEW CONSTITUTIONAL LAW AUDIO Flashcards

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1
Q

constitutional law

A 
proper functioning of government
individual rights and liberties
relationship among states
3 govt branches
judicial review
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2
Q

bill of rights

A

rights and liberties
free speech
jury
privacy

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3
Q

federal govt

A

art 3
judicial power of federal
scope of judicial power
11th amm

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4
Q

art 3

A

judicial power of US vested in 1 sup ct
also inferior courts
“the supremes” supreme court
other federal courts and their jurisdiction
independent of congress, president, political process
overarching independence from govt branches

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5
Q

scope of art 3

A

fed courts have limited power
cases and controversies:
laws and treaties of U.S.
affect foreign countries, ambassadors, public ministers, consuls
admiralty
maritime
U.S. is a party
between states
between citizens of different states
between citizens of same state claiming LANDS under grants of diff states
between a state and its citizens or foreign citizen/subjects

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6
Q

court renders opinion only if

A

theres a case or controversy

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7
Q

marbury v madison

A

1803
court reviews acts of other branches of fed govt
JUDICIAL REVIEW

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8
Q

writ of mandamus

A

legal order forcing to show cause

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9
Q

constitution is

A

paramount law

supreme law of the land

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10
Q

supreme court

A

has final say in interpreting constitution

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11
Q

separation of powers doctrine

A

ensures that executive, legislative and judicial branches of govt remain separate and distinct
provide a system of checks and balances
restrain abuse of power by another branch
finality of court decisions

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12
Q

case law

A

federal review of state acts, legislative, executive, judicial

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13
Q

federal constitution, federal laws, treaties take precedence over

A

state laws

state courts are bound to follow federal law

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14
Q

11th amm prohibits

A

citizens of 1 state from suing another state in federal ct
money DAMAGES
equitable relief
immunity
bars suit against state officials violating state law
citizens cannot sue their own state in federal court

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15
Q

uniformity of decisions throughout the U.S. and upholding the constitution

A

gives federal power to review decisions by state courts

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16
Q

federal court barred

A

from suing state without its consent
sovereign immunity
yet states’ power isn’t absolute

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17
Q

state consents to being sued

A

expressly waived 11th amm protection
can be sued by federal
state official acts under unconstitutional statute, no longer acts in his official capacity, loses sovereign immunity, then may be sued

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18
Q

injunctions /declaratory relief

A

state may be enjoined only if state official is named as defendant

19
Q

damages paid to individual

A

paid by officer, not state treasury, allowed

20
Q

prospective damages

A

if effect will force officer to pay - even if will come out of treasury, allowed

21
Q

congressional authorization

A

congress may abrogate (waive/do away with) state immunity
enforce rights created under 14th amm
equal protection against state - allowed

22
Q

congress may not generally abrogate state immunity by exercising its powers under which article?

A

1

23
Q

11th amm doesnt apply to which actions?

A

against counties, cities, local governments
by US govt / other states against another state
bankruptcy proceedings that affect state finances

24
Q

2 types of supreme court jurisdictions?

A

appellate

original

25
Q

original jurisdicion

A 
may be filed first in sup ct
ambassador
public minister
consul
state is a party
26
Q

where in constitution is sup court’s jurisdiction?

A

art 3 sec 2

27
Q

expanding or limiting the sup court jurisdiction?

A

congress is not allowed

28
Q

what is congress allowed regarding the sup court jurisdiction?

A

grant concurred original jurisdiction to lower federal courts

29
Q

appellate jurisdiction of sup court

A

most important
ct reviews decisions and statutes from any state courts that arrive to it by appeal to ensure they conform with constitution, laws and treaties of US
SUPREMACY CLAUSE

30
Q

Certiorari?

A

one way the US sup court hears appeals

31
Q

direct appeal?

A

second way the US sup court hears appeals

32
Q

US sup court takes a case only if how many justices agree to take it?

A

4 out of 9

RULE OF FOUR

33
Q

appeal from a 3 judge fed district court decision on injunctive relief

A

direct appeal

34
Q

voting rights act

A

direct appeal

35
Q

appeals from an injunctive relief issued by special 3 judge district ct panel

A

direct appeal

36
Q

congress has some power to limit the US sup court’s what?

A

appellate jurisdiction
but its limited
checks and balances

37
Q

congress and president cannot remove sup courts authority to say

A

what the law is

38
Q

confer

A

grant/bestow

39
Q

federal jurisdiction over a case bw citizens of diff states

A

MORE than 75k

40
Q

adequate and independent state grounds

A

state court decision rests on state and federal law grounds, but federal law review by sup court will NOT change the result of the case, sup court
cannot not hear the case
bc where a decision has been fully resolved under state law ground, sup court decision will have no bearing on the case.

41
Q

only where a decision rests on federal and state grounds

A

will the sup court review have meaning

42
Q

final state court judgment that rests on adequate and independent state grounds

A

may NOT be reviewed by US sup court,

or it will be an advisory opinion

43
Q

state law grounds

A

must fully resolve the matter, be adequate,

and must NOT incorporate a federal standard by reference, be independent

44
Q

when its not clear whether state court decisions rests on state or federal law

A

sup court MAY hear the case, decide the federal issue, and remand to state court for resolution of state law

NY BAR REVIEW (123 decks)

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