The Nature of Judicial Review

Question 1

What is a declaratory judgment?

Answer 1

It is a decision in which the court is requested to determine the legality of proposed conduct without awarding damages or injunctive relief

Question 2

What does it mean for a case to be moot?

Answer 2

If a case or controversy has already been resolved, it will be dismissed as moot

Question 3

When will a case not be dismissed for mootness?

Answer 3

If the injury is capable of repetition yet evading review

Meaning, there is a practical impossiibility for there to be an adjudica

Question 4

What is the voluntary cessation doctrine?

Answer 4

Defendant’s voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of that practice

Question 5

What is ripeness?

Answer 5

Bars consideration of claims before they have fully developed

Question 6

What are the requirements that a plaintiff must meet in order for there to be a “case or controversy” as required?

Answer 6

R: Ripeness
A: Abstention and Adequate State Grounds
M: Mootness
P: Political Questions
S: Standing

Question 7

Define

Abstention

Answer 7

Fed court may abstain or refuse to hear a particular case when there are undecided issues of state law presented

Question 8

What are the two ways in which a federal court may abstain from hearing a case?

Answer 8

1) if the meaning of a state law or regulation is unclear (state court might interpret the statute so as to avoid the constitutional issue)
2) where state criminal proceedings are pending, fed court will abstain in suit seeking an injunction against the state prosecution (absent showing of bad faith harassment on part of state prosecutors)

Question 9

What are the two areas of law that a federal court will generally abstain from hearing?

Answer 9

1) probate
2) family law cases

Question 10

Define

Standing

Answer 10

Requires a litigant to show
1) injury in fact
1. 2) direct and personal injury (actual or imminent) - a concrete and particularized injury is required
2) causation
1. 3) injury was caused by the challenged action
3) redressability
1. 4) P must show that he will benefit from the remedy sought in the litigation

Question 11

When will a plaintiff not have standing?

From the first element

Answer 11

If the plaintiff cannot show that there is an injury

Question 12

List

Some of the specialized problems for standing

Answer 12

Federal taxpayers generally do not have standing

Generally because their injury is comparatively minute and indeterminabl

Question 13

Where has the supreme court authorized a party to raise constitutional rights of a third party?

Answer 13

When plaintiff has suffered injury and
1) special relationship exists between claimaint and third person; and
2) the third person is unable or finds it difficult to bring suit on his own behalf

Question 14

What is a political question and can the federal court hear these types of cases?

Answer 14

Political question is a matter assigned to another branch by the constitution or incapable of a judicial answer and federal courts cannot hear these types of cases

Question 15

What are the two ways to invoke supreme court appellate jurisdiction?

Answer 15

1) by appeal (where mandatory; and
2) by writ of certiorari (discretionary review where four or more justices vote to hear the case)

Question 16

What are the elements for a writ of certiorari?

Answer 16

1) case involves conflicts between different federal courts of appeal
2) cases involving conflicts between highest courts of two states
3) cases involving conflicts between the highest sttae court and federal court of appeals; and
4) cases from state courts or US court of appeal involving important yet unresolved issues