Pg 6 Flashcards

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1
Q

What are the things that have to be considered under timing for case and controversy?

A

– mootness

– ripeness

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2
Q

What is the timing that is required for a case and controversy?

A

The actual controversy must exist at all stages of appellate review, for the duration of the case, not just inception

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3
Q

What is mootness?

A

When the judicial decision would have no legal effect because the issues have already been resolved or disappeared. The issue then becomes moot and it limits judicial review.

It is necessary that there be a live dispute throughout every stage of litigation

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4
Q

What is an example of a moot case?

A

Dispute about a cow, but then the cow dies.

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5
Q

What are some possible reasons for mootness?

A
  • the subject matter doesn’t exist anymore
  • the defendant complied with the suit request
  • the case settled
  • the defendant unilaterally changed his conduct
  • the law changed
  • the statute no longer effects the party (maybe the party is no longer a minor)
  • the court can’t give any effective relief
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6
Q

If a court can only give partial relief, is the case moot?

A

No, it is only moot if the court can’t give ANY relief

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7
Q

Why is mootness uncommon?

A

Because people don’t waste time or money litigating suits that are already solved

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8
Q

If you see mootness on an exam, why is it being tested?

A

Because an exception applies

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9
Q

What is a collusive case?

A

When the parties don’t have a real issue, but they just want judicial determination of the case. They use fake names and someone else pays for the lawyers, and this is collusive and dismissed. The facts have to be actual. Often this occurs when the parties make a contract just to bring a suit to get an opinion on a question of law because they have a common interest

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10
Q

What are exceptions to mootness?

A

– capable of repetition but evading judicial review
– continuing injury
– voluntary cessation of unlawful activities

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11
Q

How do the exceptions to mootness work?

A

They negate the requirement of an actual controversy at all stages

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12
Q

What is involved in the exception to mootness for “capable of repetition but evading judicial review”?

A

There must be a reasonable expectation or demonstrable probability that some controversy will recur involving the same complaining party. Mere possibility is not enough.

Ie: black law student’s case was moot because he would never again apply to law school once a decision was made, so not capable of repetition. A class action on this matter would’ve been different.

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13
Q

What is a really good example of the exception to mootness for “capable repetition but evading judicial review“?

A

Roe v. Wade: a woman’s pregnancy is usually over and the case is moot because the normal gestation period is so short that it will come to term before the appellate process is complete, so since a pregnancy often happens more than once to the same woman, it is considered to be capable of repetition but evading review

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14
Q

When does the exception for mootness of “capable of repetition but evading judicial review“ often occur?

A

When the challenged order is so short it will probably end before review happens, or the factual circumstances make the order moot by the time of appeal.

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15
Q

What is involved in the mootness exception for “voluntary cessation of unlawful activities“?

A

If there’s a reasonable likelihood that the wrong will be resumed after voluntary cessation, it will not be considered to be moot. Without this exception the defendant could temporarily stop to escape judgment.

Ask: is the wrongful behaviour reasonably expected to be repeated? I.e.: a company that dumped waste into the river. They stopped doing it for the case, but they will probably do it again afterward

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16
Q

How can the defendant rebut the exception to mootness for “voluntary cessation of unlawful activities“?

A

The defendant has to show absolutely clear behaviour cannot reasonably recur and there’s no reasonable expectation that the wrong will be repeated. He must also show that nothing substantially similar will happen either

17
Q

What is ripeness?

A

There must be a substantial controversy between parties with adverse legal interests of sufficient imminency and reality to warrant the declaratory relief/judgment. The dispute must be sufficiently concrete and not too speculative or remote. The idea is to avoid premature adjudication of a case

18
Q

What are the elements that must be met to determine actual ripeness for an injunction or declaratory relief?

A

– genuine need to resolve a real dispute now
– fitness of an issue for judicial resolution/concrete and specific enough for adjudication
– hardship to the parties of withholding court consideration: The plaintiff can predict with great specificity what will happen and the loss is certain if the court doesn’t consider the case now

19
Q

What is a typical exam question regarding ripeness?

A

A claim for declaratory or injunctive relief to prevent harm that will come from impending administrative action or the passing of litigation. Congress provided for this in anticipation of the harm

20
Q

In order for a case to be ripe, is it necessary that the threat of immediate injury is absolutely certain?

A

No, but if there is threat of immediate injury that is sufficient. If it involves a future harm, it must be very certain. Hypothetical threats are not enough

21
Q

When is there discretionary abstention because of ripeness?

A

When the state has a great interest in being the first to evaluate a matter. Sometimes even though the issue is ripe, the court will find it excessively premature or abstract and will abstain from decision in deference to the sovereignty of the state for cases that:
– interfere with pending state criminal or civil proceedings
– pronouncement on federal Constitution doesn’t have to be made. Delay until pending state claims interpreting ambiguous state law are resolved
– are the same as pending state proceedings

22
Q

Federal courts should abstain from deciding federal constitutional issues until the state court has done what?

A

Ruled definitively on the interpretation of the state law in question