VG-Civil Procedure Outline

VG-Civil Procedure Outline - JUSTICIABILITY Can a court...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
JUSTICIABILITY Can a court hear this matter? Can be raised sua sponte I. CONSTITUTIONAL LIMITATIONS A. Justiciability Doctrines 1. Political Question a. Type of issue: linked to separation of powers i. Cudahy v. Quirk parties try to use courts to enforce wager about fluoride it is not necessarily the issue, but the context in which an issue is presented to court that may not be justiciable (may be better in hands of legislature) 2. Standing a. Who can sue? i. Article III limits judicial power to cases or controversies Constitutional requirements: Actual Injury Particular Injury Remedy for Injury ii. P.O.W.E.R. v. Thompson question of standing when π brings suit on behalf of others, although he has no injury person with actual injury may be better representative 3. Mootness a. Timing: too late? i. DeFunis v. Odegaard Court raises issue of justiciability sua sponte because π nearly finished law school 4. Ripeness a. Timing: too early? i. May be concerns about deciding controversial issue when social situation not ripe 5. Abstract, hypothetical, advisory questions II. PRUDENTIAL LIMITATIONS A. Limitations court has put on itself on top of constitutional requirements to promote efficient use of resources 1. No generalized grievances 2. Zone of interest 3. Within the statute in question III. JURISDICTION A. The power to say the law—that is, the power to affect legal interests B. Jurisdiction 1. Power of the state to affect legal interest through its judicial processes a. Limits set by Art. III or federal courts C. Competence 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
1. Authority given by the state (legislation or common law) to its courts or other organs to exercise this power a. can increase of decrease competence but cannot go outside Art. III authority SUBJECT-MATTER JURISDICTION Can a federal court hear this matter? Can be raised anytime sua sponte or by parties Cannot be waived Source: constitution (Art. III, Sec.2); statute (28 U.S.C.), common law I. COURT-MADE RESTRICTIONS A. Domestic Relations Exception 1. Federal courts cannot hear cases involving divorce, alimony, and child custody decrees a. Exception: intra-family torts B. Abstention 1. Appropriate to give state courts cases dealing with state constitutional law 2. Principles of comity and deference C. Generally, real-property cases 1. i.e. mortgage foreclosures II. DIVERSITY OF CITIZENSHIP JURISDICTION 28 U.S.C. §1332 Diversity of citizenship; amount in controversy; costs (a) District Courts shall have original jurisdiction (trial level jurisdiction) in civil actions where value in controversy exceeds $75,000 and is between 1) citizens of different States NY v. NJ 2) citizens of a State and citizens of a foreign state NY v. France 3) citizens of different States and in which citizens or subjects of a foreign state are additional parties NY and France v. NJ and France 4) a foreign state…as plaintiff and citizens of a State or of different states France v. NY A. DIVERSITY OF CITIZENSHIP 1. Complete Diversity a.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/15/2008 for the course LAW 1000 taught by Professor Minda during the Fall '06 term at St. Johns Duplicate.

Page1 / 42

VG-Civil Procedure Outline - JUSTICIABILITY Can a court...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online