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CONLAWI&II - Chemerinsky


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CONSTITUTIONAL LAW CONSTITUTIONAL LAW by Erwin Chemerinsky OVERVIEW OF ORGANIZATION I. The federal judicial power II. The federal legislative power III. The federal executive power IV. Federalism V. The structure of the Constitution’s protection of individual liberties VI. Due process VII. Equal Protection VIII. First Amendment I. The Federal Judicial Power (Article III) A. The requirement for “cases and controversies” – Justiciability Doctrines 1. Standing. Standing is the issue of whether the plaintiff is the proper party to bring a matter to the court for adjudication. - Most important of the justiciability issues a. Injury. The plaintiff must allege and prove that he or she has been injured or imminently will be injured i. Plaintiffs only may assert injuries that they personally have suffered ii. Plaintiffs seeking injunctive or declaratory relief must show a likelihood of future harm MBE TIP: Which of the following P’s have the best standing? It either exists or doesn’t but if you see something like that, look initially for the choice where the P has personally suffered an injury. If there is more than one, look to the P who has suffered an economic/monetary loss. b. Causation and redressability. The plaintiff must allege and prove Copyright © 2005 BarBri, a Thomson business Trusts 1
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that the defendant caused the injury so that a favorable court decision is likely to remedy the injury. - P must show that a favorable court ruling will remedy the harm suffered and the best way to know that is that D was the cause of the harm. - The court cannot issue an advisory opinion. c. No third party standing. A plaintiff cannot assert claims of others, of third parties, who are not before the court, except for 3 exceptions: i. Exception: third party standing is allowed if there is a close relationship between the plaintiff and the injured third party - A P who meets the other standing requirements may present the claims of the third party if the P can be adequately trusted to represent the actual P appropriately. - Doctor/patient relationship such that abortion cases were sometimes brought by the doctors ii. Exception: third party standing is allowed if the injured third party is unlikely to be able to assert his or her own rights - Criminal defendants have third party standing to raise the rights of prospective jurors to be free from discrimination. iii. Exception (Associational Standing): an organization may sue for its members, if --the members would have standing to sue; --the interests are germane to the organization’s purpose; --neither the claim nor relief requires participation of in- dividual members d. No generalized grievances. The plaintiff must not be suing solely as a citizen or as a taxpayer interested in having the government follow the law. 2
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