26 Questions
According to Article III of the Constitution, the judicial power is limited to which of the following?
Adjudicating cases and controversies
In order to obtain prospective injunctive or declaratory relief, a plaintiff must demonstrate which of the following?
A concrete and particularized injury in fact
Which of the following statements accurately reflects the Supreme Court's stance on the requirement for threatened injury?
Threatened injury must be certainly impending
What is the foundation of a (b)(2) class?
The determination of wrongfulness
Based on the text, why was certification of a class under Rule 23(b)(2) considered improper in this case?
The applicable law required individualized determinations of liability and remedy
What is required for classwide relief under Rule 23(b)(2)?
A determination of classwide liability
Based on the information provided, who established standing to challenge the ordinances at issue in the district court's judgment?
Blake
What is the main reason for Blake's claims becoming moot?
Blake passed away
What is the significance of the class representative in this case?
The class representative had standing at the time of certification
Why is there no need for a remand to substitute a new class member?
The claims can be addressed without a new class representative
Who failed to establish standing for the prospective relief they sought?
Plaintiff Logan
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?
Plaintiff Gloria Johnson
Who failed to establish standing to challenge the park-exclusion and criminal-trespass ordinances?
Plaintiff Gloria Johnson
Based on the text, who explained that their temporary housing would soon expire and they would become homeless again?
Plaintiff Debra Blake
What is the burden of proof for each element of Article III standing?
The burden of proof is the same as any other matter in the case.
How many individual plaintiffs were named as class representatives?
Three
What is required for a plaintiff in a class action to satisfy standing?
At least one named plaintiff must meet the requirements.
Why did the named plaintiff John Logan fail to establish standing?
He did not provide any facts to establish a threat of citation.
Which opinions in Powell did Martin rely on?
The dissenting Justices' opinions
What did the opinions in Powell agree on regarding the Eighth Amendment?
It requires the defendant to prove involuntariness of their conduct
What is the key requirement for class certification under Rule 23(b)(2)?
The defendant's actions must be generally applicable to the class as a whole
When is a class action under Rule 23(b)(2) not appropriate?
When the wrongfulness of the challenged conduct depends on individual circumstances
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?
Numerosity, commonality, typicality, and adequate representation
What does the district court rely on to determine if commonality is satisfied in a class action?
Whether the class members' claims depend upon a common contention that is capable of classwide resolution
When does an individualized inquiry need to be conducted to assess whether an Eighth Amendment violation occurs?
When individuals to whom the challenged ordinances are being applied do not have a single place where they can lawfully be
What is the correct interpretation of the district court's commonality and Rule 23(b)(2) analyses according to the text?
Flawed because they are based on an incorrect understanding of the decision in Martin
Quiz: Understanding the Eighth Amendment's Affirmative Defense Test your knowledge on the Eighth Amendment's case-specific affirmative defense in this quiz. Explore the opinions of Justice White and the dissenting Justices in Powell v. Martin, and learn about the defendant's burden of proving the feasibility of alternative arrangements.
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