Podcast
Questions and Answers
In prudential standing, what does the court consider even if the plaintiff has established Article III standing?
In prudential standing, what does the court consider even if the plaintiff has established Article III standing?
- Judicial administration (correct)
- Defendant's arguments
- Statutory rules
- Plaintiff's attorney
When does the question of standing shift to whether the plaintiff has actually established the elements of Article III standing?
When does the question of standing shift to whether the plaintiff has actually established the elements of Article III standing?
- During a motion to dismiss
- During the discovery phase
- Before the complaint is filed
- In a motion for summary judgment or at trial (correct)
What type of standing is created by specific statutes?
What type of standing is created by specific statutes?
- Prudential standing
- Statutory standing (correct)
- Article III standing
- Judicial administration standing
What is the main focus when a defendant moves to dismiss a complaint for lack of standing?
What is the main focus when a defendant moves to dismiss a complaint for lack of standing?
At what stage of litigation does the question of standing relate to whether the plaintiff has plausibly alleged Article III standing?
At what stage of litigation does the question of standing relate to whether the plaintiff has plausibly alleged Article III standing?
Why can the same facts give rise to different standing analyses in litigation?
Why can the same facts give rise to different standing analyses in litigation?
What is the term used to describe the power of unelected federal judges to strike down statutes enacted by elected representatives?
What is the term used to describe the power of unelected federal judges to strike down statutes enacted by elected representatives?
Which branch of government has the power to limit the jurisdiction of federal courts as a check on their power to strike down statutes?
Which branch of government has the power to limit the jurisdiction of federal courts as a check on their power to strike down statutes?
Which requirement, traced back to Article III, Section 2, Clause 1 of the Constitution, constrains federal courts to deciding actual cases or controversies?
Which requirement, traced back to Article III, Section 2, Clause 1 of the Constitution, constrains federal courts to deciding actual cases or controversies?
Which justiciability doctrine is the most important and common, asking whether a plaintiff has the right to have a court decide on the merits of a dispute or specific issues?
Which justiciability doctrine is the most important and common, asking whether a plaintiff has the right to have a court decide on the merits of a dispute or specific issues?
What does the Supreme Court regard as fundamental to the judiciary's proper role in the government system?
What does the Supreme Court regard as fundamental to the judiciary's proper role in the government system?
With respect to federal-court jurisdiction, what does Article III of the Constitution constrain the courts to exercise?
With respect to federal-court jurisdiction, what does Article III of the Constitution constrain the courts to exercise?
Which of the following is NOT a requirement for a lawsuit to have Article III standing?
Which of the following is NOT a requirement for a lawsuit to have Article III standing?
What must a plaintiff show to establish an injury-in-fact according to the text?
What must a plaintiff show to establish an injury-in-fact according to the text?
Under what circumstances is it usually easy to satisfy the injury prong for Article III standing?
Under what circumstances is it usually easy to satisfy the injury prong for Article III standing?
What is the main focus of the causation requirement for Article III standing?
What is the main focus of the causation requirement for Article III standing?
Which of the following is NOT true about redressability in the context of Article III standing?
Which of the following is NOT true about redressability in the context of Article III standing?
What does it mean for all three elements of Article III standing to be jurisdictional?
What does it mean for all three elements of Article III standing to be jurisdictional?
When appealing a lower-court ruling, what must a party invoking appellate review demonstrate regarding standing?
When appealing a lower-court ruling, what must a party invoking appellate review demonstrate regarding standing?
In addition to Article III standing, what other types of standing requirements has the Supreme Court identified?
In addition to Article III standing, what other types of standing requirements has the Supreme Court identified?
What is the difference between statutory standing and prudential standing?
What is the difference between statutory standing and prudential standing?
At what stage of litigation does the question of whether the plaintiff has actually established Article III standing arise?
At what stage of litigation does the question of whether the plaintiff has actually established Article III standing arise?
What does the court consider in prudential standing even if the plaintiff has established Article III standing?
What does the court consider in prudential standing even if the plaintiff has established Article III standing?
In what circumstance does the question of whether the plaintiff has plausibly alleged Article III standing arise?
In what circumstance does the question of whether the plaintiff has plausibly alleged Article III standing arise?
Why may the same facts give rise to different standing analyses in litigation?
Why may the same facts give rise to different standing analyses in litigation?
What is the main focus when a defendant moves to dismiss a complaint for lack of standing?
What is the main focus when a defendant moves to dismiss a complaint for lack of standing?
What does the court determine in prudential standing contexts?
What does the court determine in prudential standing contexts?
When does the question of whether the plaintiff has plausibly alleged Article III standing shift to actual establishment of elements of Article III standing?
When does the question of whether the plaintiff has plausibly alleged Article III standing shift to actual establishment of elements of Article III standing?
Why might prudent judicial administration disfavor resolution of a particular dispute?
Why might prudent judicial administration disfavor resolution of a particular dispute?
What is crucial in determining whether standing has been established based on the stage of litigation?
What is crucial in determining whether standing has been established based on the stage of litigation?
What is the term for the power of unelected federal judges to strike down statutes enacted by elected representatives?
What is the term for the power of unelected federal judges to strike down statutes enacted by elected representatives?
Why does the Supreme Court trace most justiciability doctrines back to the case-or-controversy requirement?
Why does the Supreme Court trace most justiciability doctrines back to the case-or-controversy requirement?
Which Constitutional clause constrains federal courts to exercise judicial, rather than legislative or executive, power?
Which Constitutional clause constrains federal courts to exercise judicial, rather than legislative or executive, power?
What is the main focus of the standing doctrine as a justiciability requirement?
What is the main focus of the standing doctrine as a justiciability requirement?
Which term describes the doctrine that determines if a plaintiff should be allowed to have a court resolve the merits of a claimed dispute?
Which term describes the doctrine that determines if a plaintiff should be allowed to have a court resolve the merits of a claimed dispute?
How does Article III prevent federal courts from exercising legislative or executive powers?
How does Article III prevent federal courts from exercising legislative or executive powers?
What is the primary purpose of Congress's countervailing power concerning federal courts?
What is the primary purpose of Congress's countervailing power concerning federal courts?
How does the political-question doctrine differ from other justiciability doctrines?
How does the political-question doctrine differ from other justiciability doctrines?
What is the key function of standing within the context of Article III's case-or-controversy requirement?
What is the key function of standing within the context of Article III's case-or-controversy requirement?
Why is standing considered a significant constraint on federal courts' actions?
Why is standing considered a significant constraint on federal courts' actions?
What is the primary focus of the injury-in-fact requirement for Article III standing?
What is the primary focus of the injury-in-fact requirement for Article III standing?
When does it become more difficult to satisfy the injury-in-fact prong for Article III standing?
When does it become more difficult to satisfy the injury-in-fact prong for Article III standing?
Why has the Supreme Court generally been hostile to claims that taxpayers have standing to challenge government expenditures?
Why has the Supreme Court generally been hostile to claims that taxpayers have standing to challenge government expenditures?
In what circumstances can legislators challenge executive branch actions according to the text?
In what circumstances can legislators challenge executive branch actions according to the text?
What is the key difference between the causation requirement and redressability requirement for Article III standing?
What is the key difference between the causation requirement and redressability requirement for Article III standing?
Why are all three elements of Article III standing considered jurisdictional?
Why are all three elements of Article III standing considered jurisdictional?
Under what conditions can states sue the federal government according to the text?
Under what conditions can states sue the federal government according to the text?