CALIFORNIA BAR EXAM: CONSTITUTIONAL LAW / EXAM REVIEW QUESTIONS AND ANSWERS/ GRADED A+

CALIFORNIA BAR EXAM: CONSTITUTIONAL LAW / EXAM REVIEW QUESTIONS AND ANSWERS/ GRADED A+ JUSTICIABLE CASE OR CONTROVERSY: DEFINE "RAMPSE" - -R-Ripeness A-Absention M-Mootness P-Political Question S-Standing E-Eleventh Amendment RIPENESS - -P not entitled to review of statute or regulation before enforcement unless (1) P will suffer some harm or immediate threat of harm, (2) issue fit for judicial review, and (3) there is a record for judicial review. ABSTENTION - -Federal court will abstain from resolving a constitutional claim when based on unsettled question of state law. MOOTNESS - -A real controversy must exist at all stages of review. If the matter has already been resolved, case will be dismissed as moot unless (1) controversy is capable of repetition but evading review, (2) voluntary cessation, only representative's controversy in a class action is moot but other class members' claims still viable. POLITICAL QUESTION - -Issues constitutionally committed to political branches or inherently incapable of judicial resolution. STANDING - -P must show concrete and particularized interest in the case. 1. Individual standing requires (1) personal injury in fact, (2) causation between conduct and the injury, and (3) redressability. 2. Standing to assert rights of others requires a special relationship between claimant and 3rd party, or it is difficult for 3rd party to assert own right. 3. Associational or Organizational standing requires (1) individual members have standing, (2) interests germane to organization's purpose, and (3) individual members participation in the lawsuit not required. ELEVENTH AMENDMENT - -Prohibits federal courts from hearing private party's claims against state government unless private party sues state officer, the state consents, or Congress removes immunity. SEPARATION OF POWERS - BRANCHES OF GOVERNMENT - -1. Judicial 2. Executive 3. Legislative FEDERAL EXECUTIVE POWER - FOREIGN POWER - -a. Treaty Power: President can enter into an agreement with foreign country with 2/3 Senate approval. Treaty prevails over conflicting state laws. b. Executive Agreement: President may enter into an agreement with a foreign country. Agreement prevails over conflicting state laws but not federal or Constitution. c. War and Foreign Relation Power: President has no power to declare war but may act militarily in actual hostilities. FEDERAL EXECUTIVE POWER - DOMESTIC P