Law and Society

1. Law and Society CJUS/POLS 102 Chapter 5: Limitations

2. Limitations • Legal influences - limit power of judicial branch - federal / state courts a. US Constitution - Article III - interpreted by US Supreme Court b. State constitutions - further limit judicial power

3. Limitations c. Legal doctrines - judges refuse to hear - not proper lawsuit - “justiciabilitydoctrine” (1) Advisory opinion doctrine - prohibits federal courts - congressional / presidential acts - not involving actual “case” (2) Article III

4. Limitations - cases or controversies (a) “Separation of powers” doctrine - 1789: George Washington (3) Standing - personal stake - convince court to resolve (a) Plaintiff - suffered injury

5. Limitations - body / property / financial - psychological / reputation (c) Favorable decision - injury traceable to defendant - favorable decision - remedy injury (4) Mootness - ‘cases or controversies’

6. Limitations (a) Prevents court from deciding case - had standing - changes in fact / law - while case pending - deprived plaintiff’s stake (b) Requires actual controversy - at every stage - not just when filed (c) Defendant / complainant dies

7. Limitations - parties settle out of court - legislature repeals challenged law (d) Becomes ‘moot’ - court must dismiss - not always so clear cut (DeFunis) (5) Ripeness - must be ‘ripe’ - suffer hardship without decision - plaintiff establish enough evidence

8. Limitations (6) Political question doctrine - may be denied / reviewed - left to courts - best resolved by other branches (7) Judicial restraint - Constitution first - intent of framers - own understanding d. Jurisdiction

9. Limitations - content / venue / in personam - decline to rule (1) Constitution - decision given to another branch (2) Inadequate standards - court cannot apply (3) Court belief - prudent not to interfere

10. Limitations e. Statute of limitations - time limits set - both civil / criminal f. Conflict of law - primarily civil - insurance / business / etc. g. Stare decisis - let decision stand - precedent

11. Limitations • Justiciability doctrines a. Case or controversy (Article III) - judicial power of federal courts - extends only to cases / controversies - arising under the Constitution / federal laws / treaties b. Advisory opinions - courts cannot issue

12. Limitations - keep courts out of political process - 3 basic requirements (1) Actual dispute (2) Between adverse litigants (3) Decision would have some effect c. Mootness / ripeness - deal with existence of actual controversy

13. Limitations (1) Mootness - whether controversy has terminated (2) Ripeness - whether ready for adjudication (a) Rationale - court should not issue premature judgments d. Standing

14. Limitations - not proper party to bring before court - 4 requirements (1) Must be adversaries - plaintiff suffered / likely to suffer (2) Defendant caused injury (3) Injury redressable (4) Judicial restraint

15. Limitations - deny party standing in particular case e. Political question - court believes best resolved by other branch of government