Con Law Check List

Con Law Check List - – might go back – no real plan to...

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Con Law Check List I. Justiciability/Standing a. Need the following: i. “case-in-controversey” 1. Must be concrete and non-hypothetical a. CANNOT be an ADVISORY OPPINION 2. Involve parties claiming an actual injury STANDING a. Has to be an “injury-in-fact”: i. Concrete and particularized (the generalized grievance of themselves must be harmed) ii. Actual or imminent , not conjectural or hypothetical b. Must be a causal connection b/w injury and conduct complained of – injury must be traceable to the challenged action of def. i. Can’t be unduly speculative
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Unformatted text preview: – might go back – no real plan to go back c. Must be likely that injury will be redressed by a favorable decision 3. Must arise neither too late or too soon for judicial resolution MOOTNESS and RIPENESS ii. sdf b. Exceptions: II. Commerce Clause III. Tenth Amendment IV. Eleventh Amendment V. Taxing/Spending Powers VI. DCC VII. Preemption VIII. Separation of Powers IX. Substantive Due Process: Economic X. Substantive Due Process: Non- Economic Magarian: Class 1: Graph – in little pad...
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This note was uploaded on 04/03/2008 for the course LAW 000 taught by Professor Ohare during the Fall '07 term at Villanova.

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