Term
|
Definition
| It asks if the dispute between the parties is going on right now. |
|
|
Term
| What does ripeness have to do with Poe v. Ullman? |
|
Definition
| A doctor and a couple sued to overturn a law banning contraceptives. But the case wasn't ripe since noone had been charged under it for decades, so the Supreme Court made no decision on Constitutionality. |
|
|
Term
|
Definition
| It asks whether or not the controversy still exists. If there was a controversy but it was resolved outside of court, the court can't rule on it. |
|
|
Term
| What is the exception to mootness? |
|
Definition
| Abortion cases--they are always overcome by events, so none would ever be decided. |
|
|
Term
| What does Gordon v. Zwickler have to do with mootness? |
|
Definition
| Zwickler wanted to anonymously print literature criticizing Congressman Gordon, which was illegal. Zwickler argued his freedom of speech was violated. The Supreme Ct. didn't rule on 1st Amend stuff, though, because by the time the case was introduced, Gordon was no longer in Congress and the case was moot--no controversy existed since Zwickler only wanted to anonymously criticize Gordon. |
|
|
Term
|
Definition
| Standing asks, do you have a plaintiff who can get through the courthouse door? |
|
|
Term
| What are the 3 official exceptions to mootness? Give examples of each. |
|
Definition
1) If the primary injury is resolved but there's still collateral damage (if someone was falsely put in jail and his/her reputation is still damaged)
2)Wrongs capable of repetition but avoiding revoew (abortion cases)
3)If the criminal voluntarily ceases the conduct but might start again (playing loud music late at night) |
|
|
Term
| What does Federalist 78 argue? |
|
Definition
| the judicial branch is the least dangerous one because it can't make laws and has "neither force nor will". |
|
|
Term
| What is a writ of certiorari? |
|
Definition
| an order from the Supreme Court taking the case from a lower court |
|
|
Term
| What is a writ of mandamus? |
|
Definition
| an order from a court telling a government official to do his/her duty. |
|
|
Term
| What did Brutus 15-Antifederalist paper argue? |
|
Definition
| There weren't enough structural limits and accountability on the Supreme Court, so it would take too much power. |
|
|
Term
| What is the background to Marbury v. Madison? |
|
Definition
| Adams, just before the end of his term, appointed Marbury to a federal office and put the order on MAdison's desk. But Madison didn't want Marbury to get the job, so he refused to carry the order. |
|
|
Term
| Why was M. v. M. filed in the Supreme Court? |
|
Definition
| Because the Judiciary Act of 1789 said petitions for writs of mandamus can be filed in the Supreme Court. |
|
|
Term
| Why didn't the Supreme Court rule in favor of Marbury? |
|
Definition
| It said that Article 3 section 2 didn't entitle it to issue writs of mandamus. Even though Congress said it could, Congress was in conflict to the Constitution (trying to give the Supreme Court more power). So the Court got to decide "what the law is," and decided the law was that they couldn't issue writs of mandamus. |
|
|
Term
| What does Paulsen say about judicial review? |
|
Definition
| The Supreme Court isn't the only branch of the federal gov't that can interpret the Constitution, and MvM never says that. If the Const is superior, it's over everything--including the Sup. Ct. |
|
|
Term
|
Definition
| the idea of following earlier judicial decisions--upholding precedent. |
|
|
Term
| What is the background to US v. Carolene Products? |
|
Definition
| Someone said the statute banning filled milk (milk with fat from non-milk sources) was unconstitutional. |
|
|
Term
| What did the Supreme Court say in Carolene Products? |
|
Definition
| That we should defer to Congress as long as Congress stays rational and presume there are good facts supporting laws. |
|
|
Term
| What 3 exceptions did the court make to the rule of assuming Congress was always right in Carolene Products? |
|
Definition
1)When the Bill of Rights is involved
2)When it restricts the use of the political process
3) When the rights of a discreet minority are involved |
|
|
Term
| What does justiciability ask? |
|
Definition
| Can this dispute be appropriately resolved in Court? |
|
|
Term
| What does juriscition ask? |
|
Definition
| Which court should this case be in? |
|
|
Term
| What must you have to have standing? |
|
Definition
| Injury, (hurt plaintiff) Causation, (defendant's fault) Redressability (we can help the defendant) |
|
|
