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Please explain why the political question doctrine is different than immunity (and thus, why the collateral order doctrine doesn't apply). Question A group of injured
Please explain why the political question doctrine is different than immunity (and thus, why the collateral order doctrine doesn't apply).
Question A group of injured citizens sued an oil company in federal court claiming that the company violated tort law after an oil leak caused harm to the citizens' lands. The oil company moved to dismiss on the ground that the citizens' suit contained a political question, rendering the case non- justiciable in federal court. The federal court denied the motion and the oil company promptly filed an appeal. On appeal, the oil company claimed that the federal appellate court had jurisdiction to determine whether there was a political question under the collateral order doctrine. Is the appellate court likely to have jurisdiction over this issue under the collateral order doctrine? A Yes, because the trial court ruled conclusively on the disputed question. B Yes, because the issue does not substantially overlap with the merits of the case. C No, because the decision would be reviewable on appeal after a final judgmentStep by Step Solution
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