Flashcards in Federal Judicial System Deck (10)
Federal judicial system is limited to:
"cases" and "controversies"
Article III, Section 2
What is a "case or controversy"
A real and substantial dispute
that touches the legal relations of parties with adverse interests
and can be judicially resolved
When does a party have standing? Party must show:
1. Injury in fact;
2. Causation; and
What is injury in fact?
Plaintiff must show actual or imminent personal injury,
caused by the action he is challenging
What is causation?
∆'s conduct must have caused the injury
What is redressability?
The litigation, if it succeeds, must remedy the injury
beneift the plaintiff
When can a party assert a claim for a 3rd party?
(1) The connection between plaintiff and 3rd party interest creates a special relationship
(2) 3rd party is unable to bring suit
When can an association assert a suit for its members?
(1) Members have standing to sue to their own;
(2) the interest asserted is closely related to the association's purpose;
(3) Participation from individual members not needed
Federal courts cannot hear political questions