Chapter 5 1 A6 The Area Law That Deals With

CHAPTER FIVE. LIMITATIONS

LEARNING OBJECTIVES

• To understand the concept of judicial restraint

• To understand how courts limit judicial power through the mootness, ripeness and

political question doctrines

CHAPTER SUMMARY

The purpose of the chapter is to familiarize the students with the limits on judicial power.

Some of the limits are self-imposed, and some come from the political system. The emphasis in

the chapter is on self-imposed limitations rather than external limitations. The concept of

judicial self-restraint is covered followed by a discussion of the doctrines of standing, mootness,

ripeness, and political questions. The purpose is to show how courts can avoid controversy and

can avoid exercising their judicial power using these doctrines, all of which are self-imposed.

CHAPTER OUTLINE

I. Introduction

II. Judicial Restraint

A. Standing

B. Mootness and Ripeness Doctrines

C. Political Questions

III. Legal Limitations

A. Jurisdiction

B. Venue

IV. Conclusion

TERMS/CONCEPTS/PEOPLE

Judicial restraint Standing

Judicial gate keeping Taxpayer suits

Mootness Ripeness

Political questions Jurisdiction

In personum jurisdiction Quasi-in-rem jurisdiction

In rem jurisdiction Venue

Forum non conveniens Statutes of limitations

CHAPTER TEST QUESTIONS

Multiple Choice Questions

1. Limits on the judicial powers of courts do not include the requirement of:

A. An actual controversy;

B. Jurisdiction;

C. Following obiter dictum;

D. Supremacy Clause;

E. Doctrine of stare decisis.

2. The doctrine that requires a litigant to have a legal interest in the subject being litigated before being able

to participate in the lawsuit is:

A. Testamentary capacity;

B. Standing;

C. Subpoena duces tecum;

D. Renvoi;

E. None of the above.

3. Judicial gate keeping:

A. Refers to the responsibilities of the bailiff in admitting people into the courtroom;

B. Is a term used to describe how judges control access to the judicial system;

C. Is never used as a tool by the courts to avoid controversy;

D. Is the power of a court to review actions by other branches of government;

E. Is a term used to describe how judges are selected.

4. Statutes of limitations:

A. Bar the prosecution of lawsuits following a given period of time;

B. Enhance a court‘s ability to hear a particular case;

C. Cause the forum state to adopt all of the sister state‘s law in a conflict of law case;

D. Are found only in civil law;

E. None of the above.

5. A case or controversy that has evolved to a point where judicial intervention is needed is said to be:

A. Ripe for review;

B. Moot;

C. A political question;

D. Non–germane;

E. None of the above.

6. The area of law that deals with the question of which state law is to be applied in a case that involves

contacts with several states is:

A. Civil law;

B. Criminal law;

C. Conflict of laws;

D. Maritime law;

E. Martial law.

7. Assume that a major hail storm causing millions of dollars worth of damage struck your hometown.

Your neighbor plans to install a new roof of composition shingles that does not meet the deed

restrictions so you sue. A roofing company located in a city 100 miles away wishes to intervene in

the litigation. The initial hurdle for the company is:

A. Forum non conveniens,

B. Preclusion;

C. Statute of Limitations;

D. Standing;

E. None of the above.

8. The definition of ratio decidendi is:

A. Power of an administrative agency to enforce rules promulgated by the agency;

B. Statements in a judicial opinion that are essential to the resolution of the case and are binding

precedent;

C. “Friend of the court;”

D. “To tell the truth“ in Old French;

E. “I will not contest it.“

9. A person opposed to the Patient Protection and Affordable Care Act of 2010 files suit to have the law declared

unconstitutional. The person is likely to encounter a problem with:

A. The ripe for review doctrine;

B. The conflict of laws doctrine;

C. The mootness doctrine;

D. The political question doctrine;

E. The taxpayer suit doctrine.

10. In a diversity of citizenship suit that would allow parties from different states to file a civil suit in a U.S. District

Court, the amount in controversy must exceed:

A. $7500;

B. $100,000;

C. $750,000;

D. $75,000;

E. $1,000,000.

11. Persons who reside in a state or are physically present within the territorial limits of a state are said to be subject to:

A. conflict of laws

B. mandatory authority

C. persuasive authority

D. in rem jurisdiction

E. in personum jurisdiction

12. The geographic location of a trial that is determined by constitutional or statutory

provisions is

A. Venue;

B. Jurisdiction;

C. Domicile;

D. Quasi–in–rem jurisdiction;

E. None of the above.

13. The doctrine that holds judges should limit access to the courts as a means of resolving every dispute in society is:

A. The political question doctrine;

B. Personal service;

C. Full Faith and Credit;

D. Judicial activism;

E. Judicial gatekeeping

14. By declaring the issue moot in DeFunis v. Odegaard the Supreme Court merely delayed deciding:

A. A political question;

B. The abortion question;

C. The constitutionality of affirmative action programs;

D. The detainment of persons at Guantanamo Bay;

E. None of the above.

15. The authority of a court to hear a case and render a verdict in the case is called

A. Venue;

B. Domicile;

C. Persuasive authority;

D. Jurisdiction;

E. Judicial power.

Essay Questions

1. Discuss the concept of judicial restraint and various tools of judicial gatekeeping.

2. Discuss the concept of jurisdiction and its application.

3. Describe and discuss conflict of laws rules and their importance.

4. Discuss the concept of stare decisis including, but not limited to, ratio decidendi, obiter

dictum, mandatory authority, and persuasive authority.

5. Discuss the role of stare decisis in American jurisprudence as well as its implementation.