barbri_outline_-_mbe-ny_(2005)_-_constitutional_law

barbri_outline_-_mbe-ny_(2005)_-_constitutional_law -...

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Constitutional Law 1 C ONSTITUTIONAL L AW (33 Q S ) I. Judicial Power – Article III (15% of questions) A. Requirement for Cases and Controversies – Justiciability Doctrine 1. Standing – whether the plaintiff is the proper party to bring the matter to the court for adjudication a. Injury : P must allege & prove that he has been injured or imminently will be injured (i) Types of injuries (a) violation of common - law rights ; (c) constitutional rights ; (b) statutory rights ; (d) any other harm court finds substantial, including aesthetic or environmental (ii) P only may assert injures that he personally suffered (iii) P seeking injunctive or declaratory relief must show a likelihood of future harm – monetary interests are the strongest form of injury TIP: If Q asks which has the best standing, look to a P who has personally suffered an injury. Then choose the one who has suffered an enonomic/monetary loss. b. – P must allege & prove that D caused the injury, so that a favorable court decision is likely to redress the injury (NO “advisory opinions”) c. NO 3 rd party standing – P cannot assert claims of others (3 rd parties) who are not before the court EXCEPTIONS: (a) Close relationship rd party (e.g., abortion cases brought by doctors on behalf of their patients) (b) Injured 3 rd party is unlikely to be able to assert his own rights (e.g., criminal D’s can raise the rights of prospective juror in racial discrimination claim during jury selection) (c) “Associational” standing – an organization may sue for its members, provided - Members would have standing to sue - Interests are germane to the organization’s purpose - Neither the claim nor relief requires participation of individual members d. NO generalized grievances – P must not be suing solely as a citizen or as a taxpayer interested in having the government follow the law (e.g. sued to disclose CIA budget – no standing b/c suing only as a citizen) TIP: Exam will say “P is suing as a taxpayer” (i) EXCEPTION – taxpayers have standing to challenge government expenditures as violating the Establishment Clause (ii) BUT, taxpayers lack standing to challenge government granting of property to religious institutions/ parochial schools 2. Ripeness – can you get declaratory judgment that a law is unconstitutional? pre-enforcement review of a statute or regulation? TIP: If Q talks about declaratory judgement, this is likely a ripeness issue. a. Hardship will be suffered without pre-enforcement review : the greater the hardship, the more likely the court will allow declaratory judgment b. – does the fed court have all it needs to decide the issue, or should it wait for more factual development? Is anything to be gained by waiting for an actual prosecution? 3.
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