POL 250 Lecture Notes - Lecture 1: Restraining Order, American Civil Liberties Union, Justiciability
2 Oct 2017
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Document Summary
Fact pattern: physical stuff that happens between the two parties. A pre curiam order might tell you that you have a unanimous decision. The times that a pre curiam is used are in an argument, a supreme court will release decisions pre curiam. Appellate jurisdiction is what jurisdictions they will take. States will argue that they don"t have jurisdiction. Reviewability of the executive order is whether the court can review the action of a segment. Legal standard for review of temporary restraining order has two problems that need to be considered. The first is the due process problem: whether or not there"s a likelihood of success. Jurisdiction: the ability to go forward to hear something. Temporary restraining order: an order to make someone stop doing something until there can be an argument on the merit. Precedent: previous opinions by supreme court of united states. Judicial review: ability of court to determine if actions by president match the.
