StudentShare solutions
Triangle menu

The Threshold Issues - Essay Example

Not dowloaded yet

Extract of sample
The Threshold Issues

Jurisdiction determines which court should properly adjudicate a case. AS such, it is the power and authority of a court to hear, try and decide a case. It is conferred by the Constitution, by federal and state statutes. It is important that a court must have jurisdiction over the parties or the property involved in the controversy.
A Federal court in order to exercise its jurisdiction must meet certain requisites. First, there must be an actual controversy calling for the exercise of judicial power. Second, the parties in the actual controversy must have legal standing to sue and be sued. Third, the case must present the dispute and issue must be ripe for adjudication and it likewise a case that the court has the power to remedy, and finally, the case cannot be moot.
It can be inferred from the foregoing discussion on jurisdiction that the instant case was not able to comply with the requisites so as to vest the Federal court the jurisdiction to hear and determine the case. With regards the requisite of actual controversy, the instant case was bereft of an actual controversy. ...
In the instant case, it should be noted that there is no law to speak of, since what was passed by Congress was still a bill and therefore, a bill not duly enacted cannot be considered as a law and correspondingly, it vests no rights.
On the issue of legal standing, herein plaintiff has no legal standing. Plaintiff has not been aggrieved or legally harmed by the defendant Border Patrol, there being only the plaintiff's fear of or detention. Additionally, the constitution limits the role of the judiciary that Federal courts may only exercise its power in the last resort and as a necessity. Aside from the foregoing, the instant case likewise fell short of the constitutional requirements for legal standing on the actual, imminent, distinct and palpable injury which must not be abstract. There is also no causal connection between the injury and the conduct complained of and finally, it must not be speculative so as for the court to favorably redress the injury.
On the issue of ripeness, it can be inferred in the instant case that it is not ripe for adjudication, since the plaintiff's claim is based on a future event which may or may not happen. A claim is not ripe for adjudication if it rests upon contingent future events that may or may not occur. The Ripeness doctrine prohibits the federal courts from exercising jurisdiction over a case until an actual controversy is presented which involves a threat which is real and immediate.
A matter is moot if it is deprived of practical significance. The instant case, being deprived of practical significance should be dismissed for being moot.
A political question is one under which the US constitution has committed decision-making on the subject matter to another branch of the federal government or there are inadequate ...Show more

Summary

The primary function of a court of justice is the dispensation of justice. In the performance of this function, the court decides actual controversies brought before it and interprets the law of the State. Threshold issues like jurisdiction, mootness, ripeness, standing and political questions are among the minimum requirements of law for further action before a court take cognizance of a case or controversy.
Author : lonzo14
The Threshold Issues essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"The Threshold Issues"
with a personal 20% discount.
Grab the best paper

Related Essays

Critically discuss the use of gas exchange (Vt1, VT2) and blood lactate threshold (LT, LTP) in the evaluation or pedicted perfor
Methods for evaluating the fitness and physical condition and predisposition in one athlete are important in order to design the best model of training and exercise for optimal results. In order to assess the level of physical endurance and general shape of the athlete sports medicine developed several techniques that is believed that are the best indicators for the shape of the athlete.
6 pages (1500 words) Essay
Contemporary issues in marketing
The first phase the marketing group can look at the character and objectives of the company that is planning to expand, then consider the expansion and marketing constraints that are present in the home country and lastly consider the penetration and marketing constraints in the host or foreign market.
16 pages (4000 words) Essay
Essay on Poverty Threshold
Consequently, we had to review our monthly expenses according to the resources left by my father for us. Additionally, since our livelihood reduced to a sorry state of affairs, we started leading a life below the poverty line suggested and determined by the economists and experts.
3 pages (750 words) Essay
Threshold Concepts for Nanotechnology
Nanotechnology is considered to have the largest potential in the future of each and every related technology, thus governments and civil society is investing much to enhance the technology to be utilized in a variety of ways. United States is regarded as the government that has expended the most on the nanotechnology.
5 pages (1250 words) Essay
Abortion issues in America
Abortion is a thorny issue in most of the countries, especially so in America. People are passionate in expressing their points of view and this debate has always remained sensitive. People like Fr. Frank Pavone had been forcing media to show the horrifying effects of an abortion on a baby and had been working through his "Priests for Life." On the other side of the picture, abortion clinics and workers are frightened of Christian workers, whom they call Christian terrorists, working against abortion with religious fervor.
8 pages (2000 words) Essay
Company Law Issues
In the case of Muddle, there is a conflict of interest between his fiduciary duty to “Restore Ltd” vis a vis his personal interest in his own Company “City Construction Ltd”. In the case of Samson, there is an issue of penalization
4 pages (1000 words) Essay
Issues
But changing an established practice (or behavior) is difficult. It is more so in healthcare as it involves intricate relationships between organizations, medical professionals, caregivers, and
4 pages (1000 words) Essay
What is the threshold for manufacturing industries that manufacture or process EPA listed extremely hazardous materials (Explain what it is and specify the threshold level in pounds.)
Environmental Protection Agency (EPA). “The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 establish requirements for federal, state, and local governments and industry regarding emergency planning and
1 pages (250 words) Essay
Globalization and Labor Issues
Poverty in the United States is measured by relating household income to poverty level for a given size of a household. The poverty threshold or level is adjusted every year to take into consideration the changes in the cost of living. Children, families headed by single
2 pages (500 words) Essay
Issues
The principle for the study is to improve alertness and knowledge in the hand-washing program and create implementation of quality healthcare program. While carrying out the project on South African families, the
2 pages (500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation