Term
|
Definition
| doctrines created by the court that limit which matters federal courts can hear and decided and which must be dismissed. |
|
|
Term
|
Definition
| a determination of whether a person is the proper party to bring a matter to the court for adjudication. |
|
|
Term
|
Definition
1. Prohibitition of advisory opinions
2. Standing
3. Mootness
4. Ripeness
5. Political Questions |
|
|
Term
|
Definition
1. Injury
2. Causation
3. Redressability |
|
|
Term
|
Definition
plainitff must have been personally and directly injured by the governement action, or that there is a clear threat of injury if they fail to comply with a gov. law, reg, or order.
Injury in fact - must be concrete and particularized. Cannot by conjectural or hypothetical. -Lujan- |
|
|
Term
|
Definition
Violations of CL rights - K's, Torts, Prop
Violations of certain constitutional rights
Violations of statutory
Whatever else Scourt deems appropriate |
|
|
Term
|
Definition
| the injury has to be fairly traceable to the challenged action of the gov and not a result of the actions of an independent third party not before the court. |
|
|
Term
|
Definition
| it must be likely that the plaintiff's injury will be remedied by a favorable court decision. |
|
|
Term
|
Definition
1. limitiations on 3rd party sharing
2. Prohibition against generalized greivances
3. Zone of interests |
|
|
Term
| Limitations on 3rd parties |
|
Definition
| a plaintiff must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights or interests of 3rd parties. |
|
|
Term
| Exceptions to 3rd party limitations |
|
Definition
1. where 3rd party is unlikely to be able to sue
2. Close relationship between plaintiff and 3rd party - such as dcotor/patient
3. Overbreadth doctrines
4. Standing for associations -Association have to show injury to member of org that org is representing, or that the org is being injured |
|
|
Term
| Prohibition against generalized grievances |
|
Definition
| Lack standing because there is no direct injury. Usually involves plaintiffs suing as citizens not wanting to pay taxes, or concrened about the gov not following the law. |
|
|
Term
|
Definition
usually only applies to cases where someone is seeking to have agency decision reviewed under the Adminstrative Procedures Act.
Requires plaintiff to be within the zone of interest covered by the statue in questions |
|
|
Term
| Prohibition on Advosory Opinions |
|
Definition
Federal courts cannot issue advisory opinions.
Reasoning - sep. of powers, judicial resources, specificity. |
|
|
Term
| Criteria to Avoid being an Advisory Opinion |
|
Definition
Must be an actual dispute between adverse litigants.
Must be a substantial likelihood that a federal court decision in favor of claimant will bring about some change or have some effect. |
|
|
Term
|
Definition
| Involves the question of when a party may seek pre-enforcement review or a statue or regulation. |
|
|
Term
|
Definition
In determing if a a case is ripe for review the Scourt will look at:
1. Hardship experienced by parties by denying the review.
2. Fitness of issues and record for judicial review |
|
|
Term
|
Definition
| an actual controversy must exist at all stages of federal court proceedings, at both the trial and appellate levels. Can be raised at anytime by motion of the court. |
|
|
Term
|
Definition
| Article I, ยง 8, clause 3 of the U.S. Constitution. It states that "Congress shall have Power [t]o regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes." |
|
|
Term
|
Definition
criminal defendant dies.
civil plaintiff dies and the cause of action does not survive death.
parties settle.
challenged law is repealed. |
|
|
Term
|
Definition
Collateral Consequences.
Wrongs Capable of Repetition yet evading review.
Voluntary cessation.
Class actions. |
|
|
Term
|
Definition
| a case is not dismissed as moot if the defendant voluntarily ceases the allegedly improper behavior. Only will dismiss case if there is not reasonable change the defendant could resume the offending behavior is a case deemed moot on the basis of voluntary cesation. |
|
|
Term
| Political Question Doctrine |
|
Definition
| Constitutional Interpretation in some circumstances shoudl be left to the politically accountable branches of gov. Baker v. Carr |
|
|
Term
| Areas where political doctrine is Invoked |
|
Definition
Foreign Affairs
Enforcement of the Constitution's republican form of gov. clause.
Process for ratifying constitutional amendments.
Impeachment and removal from office.
Excessive interference with coordinate branches of gov. |
|
|
Term
|
Definition
| ability of the President to act without express constitutional or statutory authority. |
|
|
Term
| Zones of Presidential Authority |
|
Definition
1. Congress gives authority for Presidents Actions
2. Congress is silent
3. Congress disapproves of the President's actions |
|
|
Term
|
Definition
| ability of the President to keep secret conversations with or memorandum to or from advisors. Scourt has said this power does exist even though not mentioned in Constitution, but is not absolute. |
|
|
Term
|
Definition
| Congress cannot expand the power of the President with it conflicts with other constitutional provisons. Think line item veto. Clinton v. NY |
|
|
Term
|
Definition
In general congress cannot delegate its duties to other branches of gov.
This doctrine sets the constitutional limits on Congress's authority to delegate certain types of power to administrative agencies. |
|
|
Term
|
Definition
| President can appoint prinicipal and inferior officers (congress must agree on inferior officers) |
|
|
Term
|
Definition
| includes heads of all executive depts and the members who head the independent agencies. Also can include many other high-level officials in these departments and agencies. |
|
|
Term
|
Definition
includes officials who are subordinate to prinicipal officers, but who have enough authority that they are not considered mere employees. Factors for determining - Morrison v. Olson -
1. if official could be removed by a higher excutive branch official
2. official had only certain limited duties
3. office is limited injurisdiction
4. office is limited in tenure |
|
|
Term
|
Definition
| No constitutional provison. Pres can fire executive officials, but congress may limit the power if it is an officer where independence from the pres. would be desirable. Myers v. US. |
|
|
Term
|
Definition
| President can't be sued while in office for things that have to do with presidential job. Can be sued for things that happened before Pres, while acting as Pres. Criminal Prosecutions - unsettled. |
|
|
Term
|
Definition
| President had broad inherent authority uder foreign affairs. |
|
|
Term
|
Definition
| agreement between the US and foreign country that is effective when signed by the pres and other country's leader. |
|
|
Term
|
Definition
| agreement between the US and foreign country that is effective when ratified by the senate |
|
|
Term
|
Definition
| power shared between the Leg and Exec |
|
|
Term
|
Definition
Acts as check on the Executives power.
Requires house vote on articles
Senate tries articles
Requires 2/3 vote for removal |
|
|
Term
|
Definition
| ability of the federal courts to review the consitutionality of a federal or state law or an executive action. |
|
|
Term
|
Definition
| case in which idea of judicial review was first state. "It is emphatically the province of the judicial dept to say what the law is." -Marshall |
|
|
