Justiciability - Study guides, Class notes & Summaries

This document covers Marbury v Madison, Conducting research on the Supreme Court, the Judicial Branch, Jurisdiction and Justiciability, Structuring the Federal System, and several topics and cases about the previously stated topics.

Florida Civic Literacy Test What is the supreme law of the land - Correct Answer-▪The constitution What does the constitution do? - Correct Answer-▪ sets up the government ▪ defines the government ▪ protects basic rights of Americans The idea of self-government is in the first three words of the Constitution. What are these words? - Correct Answer-▪ We the people What is an amendment? - Correct Answer-▪ a change (to the Constitution) ▪ an addition (to the Constitutio...

Constitutional Law - MBE Judicial Power - Article 3 of constitution, actual cases and controversies Justiciability: what, when, who Advisory Opinions - May not render advisory opinions which are cases that lack: 1) actual dispute 2) any legally binding effect on the parties. Ripeness - Too earl, no pre-enforcement review of laws unless 1) P can show substantial hardship 2) Issues and records are fit for review Mootness - Courts may decide only live controversies L...

QUESTION 1 With relevant decided cases, discuss transformative constitutionalism and identify three basic principles of transformativeconstitutionalism. (6 MARKS) 1. Case: Grootboom v Oostenberg Municipality (2000) (South Africa): • Principle: Socio-economic rights as justiciable. The Grootboom case in South Africa is often cited as an example of transformative constitutionalism. The Constitutional Court held that the right to have access to adequate housing, as enshrined in the South ...

What is the supreme law of the land - Correct Answer-▪The constitution What does the constitution do? - Correct Answer-▪ sets up the government ▪ defines the government ▪ protects basic rights of Americans The idea of self-government is in the first three words of the Constitution. What are these words? - Correct Answer-▪ We the people What is an amendment? - Correct Answer-▪ a change (to the Constitution) ▪ an addition (to the Constitution) What do we call the first...

Modalities of interpretation - answer-Textual - words of the con Structural - how the con. fits together (separation of powers) Historical - Original intent of the frmaers. (original meaning and traditions) (interpreted in accordance with history or background) Doctrine/precedent - what the court's have generally decided Ethical/National values/moral - Moral values Prudential/practical/pragmatic- What are the consequences of the ruling? (pragmatic consequences) Three functions of the co...

Civil Procedure Final Exam litigation - ANS the process by which parties seek to resolve their dispute by going to court Sources of legal authority - ANS A. 1) constitutions (highest form of law); 2) statutes (acts of congress, peoples reps from each state); 3) court rules (procedures in every court system); 4) case law primary, and potentially binding ; 5) treaties; 6) regulations; 7) ordinances stare decisis - ANS top down precedent, must abide by decided cases-This e...

FUNDAMENTAL RIGHTS: FUR2601 STUDY UNIT 1: INTRODUCTION TO THE CONSTITUTION AND THE BILL OF RIGHTS. CONSTITUTIONAL REVOLUTION: Constitutional Law used to be dominated by parliamentary sovereignty.  Parliament would make any law that it wanted. The law could not be contested by courts, institutions or persons.  The courts could only declare law invalid on procedural grounds (application, justiciability andjurisdiction) but not on SUBSTANTIAL (violation of human rights).  Due to th...

This study focuses on another justiciability canon - the political question doctrine. This doctrine arises from the principle of separation of powers and, in the main, provides that certain questions of constitutional law are allocated to the discretion of the elected branches of government for resolution.

Define Public Law Law involved in the regulation of the state, generally consisting of Constitutional & Administrative Law Define Private Law Law involved in the regulation of relationships between individuals Define constitution the body of rules that govern the political system, the exercise of public authority and the relationship between citizen and the state. Convention Understandings, habits or practices considering to be binding by and upon those who operate the c...