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Related Topics
Cards In This Set
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Art IV, Sec. 1: Full Faith and Credit:
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Shall be given by each state to public acts and judicial proceedings of every other state. States must give FFC to federal proceedings as well.
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Art III:
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prescribes judicial power of US (limits of the power of the FEDERAL judiciary (nothing about states)
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penal proceeding:
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institutes a criminal conviction or a fine intended to punish- has to be in Art III court (before judge with a lifetime term). If non-penal: administrative proceeding is OK.
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Case is moot if:
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It raised a justiciable controversy at the time the complaint was filed but events occurring after the complaint was filed have deprived litigant of an ongoing stake in the controversy and it is not likely the case will be revived.
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It is appropriate for a court to defer decision in a case where:
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Later events will or may likely occur that would make the case more suitable for decision than is now.
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Employees of federal govt are not immune from state taxes.
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Federal govt is immune from taxation by any state.
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Federal immunity from state taxation exists only in situations where the “legal incidence” of the tax is on the US. If the legal incidence of the tax is on employee (applies only to the fair value of the personal use of car for ex, not the use for the U.S.’s benefit), and not the govt, then
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no immunity from the tax. A tax on federal employees = not a tax on US govt.
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Any attempt by Congress to force a state to enact a particular legislation would
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violate 10th A. However, congress can use power of the purse to coerce states into acting, by denying federal funds to states that don’t pass the statute.
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Banning controlled substances that had moved in interstate commerce does have
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a sufficient nexus with commerce to allow congressional regulation.
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For USSC to hear a case, in the absence of any lower court decision, it would not be
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an exercise of “appellate” jurisdiction at all [there is no decision being appealed from]
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Art III limits federal ct jurisdiction to “cases” and “controversies”: federal cts may not issue “advisory opinions”
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(give advice about particular legislative or executive action, when NO PARTY is before the ct who has suffered or imminently faces specific injury).
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Federal cts can issue DECLARATORY JUDGMENTS:
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Ct is not requested to award damages or an injunction, but states what the legal effect would be of proposed conduct by one of the parties [is within federal cts’ Art III power, but this would not be an “action to enforce the rule”]
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14th A EP clause only applies to
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states, not federal govt!
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Parol evidence:
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writing intended by parties to be a full and final expression of their agmt may not be supplemented or contradicted by any oral or written agmts made PRIOR to or CONTEMPORANEOUS the writing.
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Parole evidence does not apply to
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proof that the parties orally modified the writing AFTER it was made.
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