The Judicial Power Flashcards
what is an advisory opinion
decision that lacks 1) actual dispute between adverse parties and 2) any legally binding effect on the parties
How to establish ripeness before a policy is enforced
1) issues r fit for judicial decision and 2) substantial hardship in absence of review
remember the FDA drug label case
what constitudes an injury in fact?
particularized (to that plaintiff), concrete (actually exists, not just emotion)
standing to enforce gov statutes
a p may have standing to enforce a federal statute if they are within the “zone of interests” congress meant to protect
ABSTENTION WHEENNN?
1) unsettled question of state law or 2) there is a pending state criminal proceeding (except in cases of proven harassment or prosecutions taken in bad faith)