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BarBri Constitutional Law Questions and Correct
Answers/ Latest Update / Already Graded
What must one show to statisfy the "case or controversy" requirement?
Ans: 1. Standing
2. Ripeness
3. Mootness
4. Political Question Doctrine
What must be satisfied to establish "Standing"?
Ans: A. Injury: has been personally injured or injury is imminent
B. Causation & Remedy: Defendant caused the injury
C. No 3rd Party Standing (but EXCEPTIONS)
D. No Generalized Grievances (i.e. as a citizen or a taxpayer) (but EXCEPTIONS)
What are the exceptions to "No 3rd Party Standing"?
Ans: i. Close Relationship (e.g., MD-patient, parent-child)
ii. Injured party is likely unable to assert his/her own rights
iii. An organization may sue for its members (but CONDITIONS)
Under what conditions may an organization sue on behalf of its members?
Ans: a. Members would have standing to sue
b. The interests at stake are germane to the organization's purpose
c. Claim & relief do not require individual participation
What is the key exception to "No Standing for Generalized Grievances"?
Ans: There is a narrow exception for expenditures pursuant to federal statutes
violating the Establishment Clause
© 2025/ 2026 | ® All rights reserved
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What is the test for "Ripeness"?
Ans: A Plaintiff is generally not entitled to pre-enforcement review of state law.
A Court will compare:
A. The hardship Plaintiff will suffer without pre-enforcement review.
Vs.
B. The fitness of the issues and record for judicial review
When must a case be dismissed as "Moot"? And what are the exceptions?
Ans: In general, a case must be dismissed if events after filing the lawsuit end
Plaintiff's injury. But, there are EXCEPTIONS:
A. The wrong is capable of repetition and of evading future review (e.g., Roe v.
Wade).
B. Voluntary cessation (the defendant voluntarily stops the injury but is free to
resume at any time).
C. Class action lawsuits, so long as 1 member has ongoing injuries.
What types of disputes are not adjudicable under the Political Question Doctrine?
Ans: Disputes that are for the political branches to decide.
(E.g., the "Republican Form of Government" Clause, the President's conduct of
Foreign Policy, challenges to impeachment and removal process, and challenges to
partisan gerrymandering)
What are the paths for U.S. Supreme Court review?
Ans: 1. By writ of certiorari (virtually all)
2. Obligatory appeals from statutory 3-judge federal district court decisions
3. Cases where the U.S. Supreme Court has original and exclusive jurisdiction
(e.g., suits between states, suits involving ambassadors, etc.)
What must NOT be true about a State Court decision for the Supreme Court to
grant review?
© 2025/ 2026 | ® All rights reserved
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Ans: There must NOT be an independent and adequate state law ground for
the decision. A reversal by the U.S. Supreme Court must affect the result.
What is the "Final Judgment Rule"?
Ans: Generally, the Supreme Court may hear cases only after there has been a
final judgment by the next highest relevant court.
On what grounds are states barred from being sued in federal court and in state
court?
Ans: The 11th Amendment bars suits against states in federal court. "Sovereign
Immunity" bars suits against states in state courts and federal agencies. (but
EXCEPTIONS)
Under what exceptions may a state be sued?
Ans: 1. Waiver
2. States may be sued under federal laws adopted pursuant to Section 5 of the
14th Amendment.
3. The Federal Government may sue State Governments.
4. Bankruptcy proceedings.
When can one sue a State Officer in lieu of the State Government?
Ans: 1. State officers may be sued for injunctive relief
2. State officers may be sued for money damages to be paid out of their own
pockets
BUT: state officers may not be sued if it is the state treasure that will be paying
retroactive damages.
What is the rule of "Abstention" with regards to pending state court proceedings?
© 2025/ 2026 | ® All rights reserved
BarBri Constitutional Law Questions and Correct
Answers/ Latest Update / Already Graded
What must one show to statisfy the "case or controversy" requirement?
Ans: 1. Standing
2. Ripeness
3. Mootness
4. Political Question Doctrine
What must be satisfied to establish "Standing"?
Ans: A. Injury: has been personally injured or injury is imminent
B. Causation & Remedy: Defendant caused the injury
C. No 3rd Party Standing (but EXCEPTIONS)
D. No Generalized Grievances (i.e. as a citizen or a taxpayer) (but EXCEPTIONS)
What are the exceptions to "No 3rd Party Standing"?
Ans: i. Close Relationship (e.g., MD-patient, parent-child)
ii. Injured party is likely unable to assert his/her own rights
iii. An organization may sue for its members (but CONDITIONS)
Under what conditions may an organization sue on behalf of its members?
Ans: a. Members would have standing to sue
b. The interests at stake are germane to the organization's purpose
c. Claim & relief do not require individual participation
What is the key exception to "No Standing for Generalized Grievances"?
Ans: There is a narrow exception for expenditures pursuant to federal statutes
violating the Establishment Clause
© 2025/ 2026 | ® All rights reserved
, 2 | Page
What is the test for "Ripeness"?
Ans: A Plaintiff is generally not entitled to pre-enforcement review of state law.
A Court will compare:
A. The hardship Plaintiff will suffer without pre-enforcement review.
Vs.
B. The fitness of the issues and record for judicial review
When must a case be dismissed as "Moot"? And what are the exceptions?
Ans: In general, a case must be dismissed if events after filing the lawsuit end
Plaintiff's injury. But, there are EXCEPTIONS:
A. The wrong is capable of repetition and of evading future review (e.g., Roe v.
Wade).
B. Voluntary cessation (the defendant voluntarily stops the injury but is free to
resume at any time).
C. Class action lawsuits, so long as 1 member has ongoing injuries.
What types of disputes are not adjudicable under the Political Question Doctrine?
Ans: Disputes that are for the political branches to decide.
(E.g., the "Republican Form of Government" Clause, the President's conduct of
Foreign Policy, challenges to impeachment and removal process, and challenges to
partisan gerrymandering)
What are the paths for U.S. Supreme Court review?
Ans: 1. By writ of certiorari (virtually all)
2. Obligatory appeals from statutory 3-judge federal district court decisions
3. Cases where the U.S. Supreme Court has original and exclusive jurisdiction
(e.g., suits between states, suits involving ambassadors, etc.)
What must NOT be true about a State Court decision for the Supreme Court to
grant review?
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Ans: There must NOT be an independent and adequate state law ground for
the decision. A reversal by the U.S. Supreme Court must affect the result.
What is the "Final Judgment Rule"?
Ans: Generally, the Supreme Court may hear cases only after there has been a
final judgment by the next highest relevant court.
On what grounds are states barred from being sued in federal court and in state
court?
Ans: The 11th Amendment bars suits against states in federal court. "Sovereign
Immunity" bars suits against states in state courts and federal agencies. (but
EXCEPTIONS)
Under what exceptions may a state be sued?
Ans: 1. Waiver
2. States may be sued under federal laws adopted pursuant to Section 5 of the
14th Amendment.
3. The Federal Government may sue State Governments.
4. Bankruptcy proceedings.
When can one sue a State Officer in lieu of the State Government?
Ans: 1. State officers may be sued for injunctive relief
2. State officers may be sued for money damages to be paid out of their own
pockets
BUT: state officers may not be sued if it is the state treasure that will be paying
retroactive damages.
What is the rule of "Abstention" with regards to pending state court proceedings?
© 2025/ 2026 | ® All rights reserved
