Grants Pass - Dissent 3
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According to Article III of the Constitution, the judicial power is limited to which of the following?

  • Preventing injury to persons caused by private or official violation of law
  • Granting prospective injunctive or declaratory relief
  • Ensuring attorneys' fees are awarded
  • Adjudicating cases and controversies (correct)

In order to obtain prospective injunctive or declaratory relief, a plaintiff must demonstrate which of the following?

  • A threatened injury that is certainly impending
  • A favorable judicial decision
  • A request for attorneys' fees
  • A concrete and particularized injury in fact (correct)

Which of the following statements accurately reflects the Supreme Court's stance on the requirement for threatened injury?

  • Threatened injury must be conjectural or hypothetical
  • Allegations of possible future injury are always sufficient
  • Possible future injury is sufficient to constitute injury in fact
  • Threatened injury must be certainly impending (correct)

What is the foundation of a (b)(2) class?

<p>The determination of wrongfulness (C)</p> Signup and view all the answers

Based on the text, why was certification of a class under Rule 23(b)(2) considered improper in this case?

<p>The applicable law required individualized determinations of liability and remedy (D)</p> Signup and view all the answers

What is required for classwide relief under Rule 23(b)(2)?

<p>A determination of classwide liability (B)</p> Signup and view all the answers

Based on the information provided, who established standing to challenge the ordinances at issue in the district court's judgment?

<p>Blake (D)</p> Signup and view all the answers

What is the main reason for Blake's claims becoming moot?

<p>Blake passed away (B)</p> Signup and view all the answers

What is the significance of the class representative in this case?

<p>The class representative had standing at the time of certification (D)</p> Signup and view all the answers

Why is there no need for a remand to substitute a new class member?

<p>The claims can be addressed without a new class representative (C)</p> Signup and view all the answers

Who failed to establish standing for the prospective relief they sought?

<p>Plaintiff Logan (D)</p> Signup and view all the answers

Based on the text, who presented facts showing that they continue to violate the anti-camping ordinances and face a credible threat of future enforcement?

<p>Plaintiff Gloria Johnson (D)</p> Signup and view all the answers

Who failed to establish standing to challenge the park-exclusion and criminal-trespass ordinances?

<p>Plaintiff Gloria Johnson (D)</p> Signup and view all the answers

Based on the text, who explained that their temporary housing would soon expire and they would become homeless again?

<p>Plaintiff Debra Blake (C)</p> Signup and view all the answers

What is the burden of proof for each element of Article III standing?

<p>The burden of proof is the same as any other matter in the case. (A)</p> Signup and view all the answers

How many individual plaintiffs were named as class representatives?

<p>Three (D)</p> Signup and view all the answers

What is required for a plaintiff in a class action to satisfy standing?

<p>At least one named plaintiff must meet the requirements. (C)</p> Signup and view all the answers

Why did the named plaintiff John Logan fail to establish standing?

<p>He did not provide any facts to establish a threat of citation. (A)</p> Signup and view all the answers

Which opinions in Powell did Martin rely on?

<p>The dissenting Justices' opinions (C)</p> Signup and view all the answers

What did the opinions in Powell agree on regarding the Eighth Amendment?

<p>It requires the defendant to prove involuntariness of their conduct (B)</p> Signup and view all the answers

What is the key requirement for class certification under Rule 23(b)(2)?

<p>The defendant's actions must be generally applicable to the class as a whole (A)</p> Signup and view all the answers

When is a class action under Rule 23(b)(2) not appropriate?

<p>When the wrongfulness of the challenged conduct depends on individual circumstances (B)</p> Signup and view all the answers

What are the four requirements a plaintiff must satisfy to obtain certification of a plaintiff class under Rule 23 of the Federal Rules of Civil Procedure?

<p>Numerosity, commonality, typicality, and adequate representation (A)</p> Signup and view all the answers

What does the district court rely on to determine if commonality is satisfied in a class action?

<p>Whether the class members' claims depend upon a common contention that is capable of classwide resolution (C)</p> Signup and view all the answers

When does an individualized inquiry need to be conducted to assess whether an Eighth Amendment violation occurs?

<p>When individuals to whom the challenged ordinances are being applied do not have a single place where they can lawfully be (B)</p> Signup and view all the answers

What is the correct interpretation of the district court's commonality and Rule 23(b)(2) analyses according to the text?

<p>Flawed because they are based on an incorrect understanding of the decision in Martin (A)</p> Signup and view all the answers

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