JUSTICIABILITY
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Chapter 16 JUSTICIABILITY In order for a case to be heard by the federal courts, the plaintiff must overcome a series of procedural obstacles that we collectively call the requirements of "justiciability." Here is an overview of each of these obstacles: Advisory opinion: The federal courts may not issue opinions based on abstract or hypothetical questions. This is known as the prohibition of "advisory opinions." It stems from the fact that the Constitution limits federal court jurisdiction only to "cases and controversies." Standing: The most important single justiciability require ...

Justiciability
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CHAPTER 3 Justiciability §3.1 INTRODUCTION AND OVERVIEW The term justiciability refers to a body of judicially created doctrines that define and limit the circumstances under which an Article III federal court may exercise its constitutional authority, including its authority to engage in judicial review. These doctrines are derived in part from an interpretation of Article III's case or controversy requirement, and in part from prudential policy considerations involving perceptions of the proper role of the federal judiciary within the constitutional structure of government. Stated very ...

Harper & Row Publishers, Inc. v. Nation Enterprises
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View this case and other resources at: Citation. 471 U.S. 539 (1985) Brief Fact Summary. Nation Enterprises (Defendant) argued that its use of quotes from a yet-unpublished set of memoirs constituted fair use. Synopsis of Rule of Law. Publication of parts of a work soon to be published does not qualify as fair use. ...

Drewen v. Bank of Manhattan Co.
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Nixon v. United States
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View this case and other resources at: Citation. 506 U.S. 224, 113 S. Ct. 732, 122 L. Ed. 2d 1 (1993) Brief Fact Summary. Walter L. Nixon Jr. (Nixon) claimed that Senate impeachment hearings against him were unconstitutional because the entire Senate did not try him, but instead appointed a committee to make initial findings. Synopsis of Rule of Law. A controversy is nonjusticiable if there is a textually demonstrable commitment of an issue to a coordinate branch of government or a lack of judicially manageable standards for resolving the controversy. ...

United States v. Nixon
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View this case and other resources at: Citation. 506 U.S. 224, 113 S. Ct. 732, 122 L. Ed. 2d 1 (1993) Brief Fact Summary. The special prosecutor, investigating a break-in of the Watergate Hotel, demanded audiotapes of conversations recorded by President of the United States Richard Nixon (President Nixon) in the Oval Office. President Nixon asserted that he was immune from such a demand on the grounds of "executive privilege." Synopsis of Rule of Law. Neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, ...

United States v. Nixon
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Nixon v. United States
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Nixon v. Shrink Missouri Government PAC
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View this case and other resources at: Citation. 528 U.S. 377, 120 S. Ct. 897, 145 L. Ed. 2d 886, 2000 U.S. Brief Fact Summary. A state statue limits individual political contributions. Synopsis of Rule of Law. The danger of corruption by large dollar contributions is sufficiently plausible to satisfy heightened scrutiny of the First Amendment infringement. ...

Richard Nixon v. A. Ernest Fitzgerald
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View this case and other resources at: Citation. 457 U.S. 731, 102 S. Ct. 2690, 73 L. Ed. 2d 349, 1982 U.S. Brief Fact Summary. A cost-management expert for the Air Force was fired after he testified in front of Congress about cost overruns in certain military projects. The Defendant, the President of the United States Richard Nixon (Defendant), claimed that he made the firing decision. Synopsis of Rule of Law. The President of the United States (President) is shielded by absolute immunity from civil damages for acts done in his official capacity as President. ...

United States v. Richard M. Nixon, President of the United States
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View this case and other resources at: Citation. 506 U.S. 224, 113 S. Ct. 732, 122 L. Ed. 2d 1 (1993) Brief Fact Summary. The Plaintiff, the President of the United States Richard Nixon (Plaintiff) refused to turn over tapes of his secretly recorded conversations that had been subpoenaed to assist in the prosecution of individuals in the Watergate break-in. Synopsis of Rule of Law. Conversations between the President of the United States (the President) and his advisors are generally privileged, but that privilege is no absolute. ...

Nixon v. United States
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View this case and other resources at: Citation. 506 U.S. 224, 113 S. Ct. 732, 122 L. Ed. 2d 1 (1993) Brief Fact Summary. The Petitioner, Nixon (Petitioner), a former federal judge, asks the Supreme Court of the United States (Supreme Court) to decide whether Senate Rule XI, as applied in his impeachment trial, is constitutional. Synopsis of Rule of Law. Impeachment trials are nonjusticiable. ...

United States v. Nixon
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United States v. R. Enterprises, Inc
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Florida v. Nixon
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Table of Cases
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Table of Cases Abbott Laboratories v. Granite State Ins. Co., 573 F. Supp. 193 (N.D. Ill. 1983) Adams Dairy Co. v. National Dairy Products Corp. 293 F. Supp. 1164 (W.D. Mo. 1968) Aldinger v. Howard, 427 U.S. 1 (1976) Alldread v. City of Grenada, 988 F.2d 1425 (5th Cir. 1993) Alliance to End Repression v. Rochford, 75 F.R.D. 438 (N.D. Ill. 1976) Allstate Ins. Co. v. Menards, Inc., 285 F.3d 630 (7th Cir. 2002) Alltel Communications, Inc. v. City of Macon, 345 F.3d 1219 (11th Cir. 2003) American Well Works v. Layne, 241 U.S. 257 (1916) Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986 ...

CAPSULE SUMMARY
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CAPSULE SUMMARY This Capsule Summary is intended for review at the end of the semester. Reading it is not a substitute for mastering the material in the main outline. Numbers in brackets refer to the pages in the main outline where the topic is discussed. Chapter 1 INTRODUCTION I. CIVIL PROCEDURE GENERALLY A. A road map: Here is a “road map” for analyzing a Civil Procedure problem: 1. Personal jurisdiction: First, make sure that the court has “personal jurisdiction” or “jurisdiction over the parties.” You must check to make sure that: (1) D had minimum contacts wit ...

Diversity Jurisdiction
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CHAPTER 5 Diversity Jurisdiction When Does Multiplicity Constitute Diversity? INTRODUCTION A major premise underlying our Constitution is that the states function quite well in most respects and that federal interference should be confined to those areas where there is a special need for national policy. For example, in 1787, when the Constitution was drafted, every state already had its own system of courts. The framers of the Constitution saw no need to abolish those courts in favor of federal courts administered by the national government. Instead, they authorized the creation of ...

Federal Questions and Federal Cases
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CHAPTER 4 Federal Questions and Federal Cases Jurisdiction over Cases “Arising under” Federal Law INTRODUCTION Our first three chapters dealt with personal jurisdiction---the power of a court to require a defendant from outside the state to defend a lawsuit in that state. Now we turn to subject matter jurisdiction, a separate, additional requirement for a court to hear a case. Suppose, for example, that Engle wishes to sue her employer, Consolidated Packing Corporation, after she is fired from her job for reporting acts of fraud committed by Consolidated officers to federal autho ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Adam v. Saenger Aetna Casualty & Surety v. Yeatts Aguilar v. Immigration & Customs Enforcement Div. Allen v. McCurry Alyeska Pipeline Service Co. v. Wilderness Soc Amchem Products, Inc., v. Windsor American Fire & Casualty Co. v. Finn Ankenbrandt v. Richards Asahi Metal Indus. v. Superior Court Asahi Metal Industry Co. v. Superior Court Ashcroft v. Iqbal AT&T Mobility LLC v. Concepcion Atlantic Marine Constr. Co., Inc. v. United States District Court for the Western D ...

TRIAL PROCEDURE
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Chapter 7 TRIAL PROCEDURE ChapterScope This Chapter examines the mechanics of trials, both jury and non-jury. The most important concepts in this Chapter are: Two meanings of “burden of proof”: There are two kinds of “burden of proof which a party may have to bear. Assuming that the issue is called A: Burden of production: The party bears the “burden of production” if the following is true: unless the party produces some evidence that A exists, the judge must direct the jury to find that A does not exist. Burden of persuasion: The party bears the “burden of ...

TABLE OF CASES
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TABLE OF CASES This table includes references to cases cited everywhere in this book, including in the various Exam Q&A sections. Alyeska Pipeline Service Co. v. Wilderness Society Amchem Products, Inc. v. Windsor Asahi Metal Industry Co. v. Superior Court Ashcroft v. Iqbal AT&T Mobility LLC v. Concepcion Atlantic Marine Constr. Co., Inc. v. United States District Court for the Western District of Texas Azada v. Carson Baldwin v. Iowa State Travelling Men’s Association Beacon Theatres v. Westover BMW of North America v. Gore Burger King Corp. v. Rudzewicz Burnham v. Sup ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital  Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc.  Agins v. Tiburon  Agostini v. Felton  Akron v. Akron Center For Reproductive Health  Alaska Hire case  Alden v. Maine  Allegheny County v. American Civil Liberties Union Allen v. Wright  Allgeyer v. Louisiana  Allied Structural Stee ...

FREEDOM OF EXPRESSION
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Chapter 14 FREEDOM OF EXPRESSION The First Amendment provides, in part, that "Congress shall make no law ... abridging the freedom of speech, or of the press. ... " These rights (plus the accompanying "freedom of association") are often grouped together as "freedom of expression." Here are the key concepts relating to freedom of expression: Content-based vs. content-neutral: Courts distinguish between "content-based" and "content-neutral" regulations on expression. Content-based: If the government action is "content-based," the action will be generally subjected to strict scrutin ...

SEPARATION OF POWERS
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Chapter 8 SEPARATION OF POWERS A prior Chapter (supra, p. 15) summarized the general boundaries of the powers of the three federal branches. Here, we examine closely certain conflicts between branches, especially between the Executive and Legislative Branches. Here are the most important concepts in this Chapter:   President/Congress boundary line: Many separation-of-powers conflicts involve the boundary line between the President (Executive Branch) and Congress (Legislative Branch). Here are some of the more important principles concerning this boundary line:     President can ...