Law and Society
CJUS/POLS 102
Chapter 5: Limitations
Limitations
1.
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
Limitations
c. Legal doctrines
- judges refuse to hear
- not proper lawsuit
- “justiciability doctrine”
(1) Advisory opinion doctrine
- prohibits federal courts
- congressional / presidential acts
- not involving actual “case”
(2) Article III
Limitations
- cases or controversies
(a) “Separation of powers” doctrine
- 1789: George Washington
(3) Standing
- personal stake
- convince court to resolve
(a) Plaintiff
- suffered injury
Limitations
- body / property / financial
- psychological / reputation
(c) Favorable decision
- injury traceable to defendant
- favorable decision
- remedy injury
(4) Mootness
- ‘cases or controversies’
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
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
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
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
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
Limitations
2.
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
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
Limitations
(1) Mootness
- whether controversy has terminated
(2) Ripeness
- whether ready for adjudication
(a) Rationale
- court should not issue
premature judgments
d. Standing
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
Limitations
- deny party standing in particular case
e. Political question
- court believes best resolved by other
branch of government