Limitations on Obtaining Relief (6)

Can a court case be collusionary?

No, the court case must be adversarial

Are courts allowed to advise the other branches?

No, the court must say in its lane, it will follow judicial review

Justicability

The case is suited for judical determination all the necessary requirements have been met

Ripeness

Has the case developed properly, was it brought to court too early?

Mootness

Was the case brought to court too late? Happens when there is no case/controversy

Repitition of the Act

If the pattern of conduct/ reocurring elements, the court may say “time out, we are going to hear it”

What determines standing?

• Who is bringing the suit

• Are they the correct person (legally sufficient personal intrest)

• Adversely Impacted by the Defendant

What is a good way to get standing for a case?

Getting Arrested!!

Political Question

A question best left to the other branches of government to address (Separation of powers/federalism)

Act of State Doctrine

Courts should not involve themselves in matters of public acts committed by a foreign country within its own borders. Reason: Who would inforce it?

Statute of Limitations

Imposes a reasonable time frame to charge a person with a crime. Reason is to give defendants a fair opportunity to defend themselves. If there is a delay, is there a reasonable justification for this?

Res Judicata

Prevents the same peson from being sued again for the same claim once a final order has been issued. Prevents court shopping and harrassment

What are the two conditions of Res Judicata?

1. Identify of parties

2. Identity of claims

Do the courts like immunity from legal actions?

No, They dislike it!

Violates “all wrongs deserve a remedy”

What is the reason for immunity from legal actions?

Granted for social benefit. EX: Phizer and Moderna was given immunity when creating the covid vaccine

Sovergin Immunity

No sovergin can be sued without their consent. This rests on the 11th ammendment. You can only sue the government if they created laws stating that “you can sue us for this specific thing” You can sue the gov for civil rights.

What type of immunity to judges have?

Absolute immunity when exercising judicial powers. This applies even if their decisions are overturned by a higher court.

Are judges immune to civil cases for non-judicial actions?

NO! If a judge sentences a person, then punches them, they can be sued!

When are government officials given immunity?

When they are acting within the scope and discharge of official duties

Good faith prosecution

Prosecutors have immunity, even in chases with little evidence, they must operate on ‘good faith”, not failing to disclose evidence, not allowing witnesses to lie on stand. Public Defenders do not have this immunity because their client is not the government

What type of immunity do police officers have

Qualified Immunity

Why is there immunity?

The actors need to make difficult decisions,Discretionary Action, Prevents harassment via litigation, For public safety

Respondant Superior

When an employer is held responsible for the actions of its employee

What are the requirements for Respondant Superior?

• Person committed a tort (noncriminal violation)

• Person was an employee of the company (not a private contracter)

• Person was acting within the scope of their authority

What are the justifications for Respondant Superior

Forces companies to correctly recruit, train, and supervise employees. Forces employers to have a safe enviorment. If someone needs to pay, then the employer should because they have $$$

Contractual Immunity

Both parties agree not to bring litigation

Freedom to contract

What are the factors that influence contractual Immunity?

1. Relative barganing power (david v goliath) Mega corp crushing the little person

2. Explotation? (someone is getting evideted. Landlord says “you have to do x, y, z or else you will be evicted!")

3. Voluntariness (was it voluntary?)