The Judicial Power Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

what is an advisory opinion

A

decision that lacks 1) actual dispute between adverse parties and 2) any legally binding effect on the parties

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2
Q

How to establish ripeness before a policy is enforced

A

1) issues r fit for judicial decision and 2) substantial hardship in absence of review

remember the FDA drug label case

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3
Q

what constitudes an injury in fact?

A

particularized (to that plaintiff), concrete (actually exists, not just emotion)

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4
Q

standing to enforce gov statutes

A

a p may have standing to enforce a federal statute if they are within the “zone of interests” congress meant to protect

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5
Q

ABSTENTION WHEENNN?

A

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)

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