Constitutional Law 1 Quiz1

Match each correctly

• Executive Branch

• Article 2

• Legislative Branch

• Article 1

• Judicial Branch

• Article 3 Section 1

• Outlines scope of Fed Court Jurisdiction

• Article 3 Section 2

• Source of the Federal Judicial Powers

• Article 3

Choose all that apply to justiciability

• •  impose limits/restrictions on the federal judicial power

•  refers to doctrines created through judicial interpretation of Article III by the Supreme Court

• restrict access to the federal courts through limitations to the federal courts

• limits the subject matter which Federal Courts can consider

• it is non-textual

What is the meaning of justiciability

What is the function of the U.S. Constitution. Choose all that apply.

• • Creates a National Government

• Creates Separation of Powers

• • Divides power b/w the Federal and State Governments

• Protects Individual Liberties

The SCOTUS has articulated that justiciability doctrines are derived from 2 sources (where SCOTUS gets its power):

• The Supreme Court’s interpretation of Article 3

• Prudential limits on federal judicial power

• Bill of Rights

• Article 4

SCOTUS can not decline a case if they have jurisdiction b/c that’s gospel SCOTUS has to follow those rules BUT, when justiciability is in play SCOTUS has a little discretion; and what they decide is policy and judicial administration should limit review

• True

• False

SCOTUS sets up these theoretical justiciability limitations and if the facts warrant, SCOTUS is going to say take the case somewhere else b/c we ain’t doing it (they can say this on justiciability issues BUT not jurisdiction issues)

• True

• False

What is true about justiciability. Choose all that apply.

•  Congress may not expand federal judicial power beyond what is authorized by Article 3

• a Constitutional limit on judicial power may not be changed by enacting a federal law

• since prudential limits are not derived from the Constitution, Congress can pass laws which ignore prudential restrictions

Match the following

• the other 2branches can resolve the case

• Advisory Opinion

• Current real & immediate danger to int.

• Mootness

• Real dispute b/w parties with adverse in

• Case or Controversy

• Court wont issue b/c no jurisdiction

• Political Question

• Issus has been resolved

• Ripeness

What does standing mean concerning justiciability? Choose all that apply.

• party has direct personal injury with causation

• do the parties have the right to bring the case

• there is causation (by the party to be sued)

• there is redressability

Answer explanation

Standing has 3 components:

1. 1. Direct injury (by the party bringing the suit);

2. 2.Causation (by the party you sue); and

3.The court has the power of redressability; the court can resolve the issue or fix the issue (its capable of being fixed= redressability)