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Flashcards in 1. Federal Judicial Power Deck (25)
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1

What are the four justiciability doctrines considered before any federal court can hear a case?

1. Standing

2. Ripeness

3. Mootness

4. Political question?

2

What are the three requirements for a party to have standing?

1. Injury

2. Causation

3. Redressability

3

Regarding injury for standing, what must a plaintiff show?

That they have been or will imminently be harmed

4

Where a question asks who has the best standing, what must we look for?

Personally suffered injuries

5

Where a question asks who has the best standing, what is the most important personally suffered injury?

Economic injury

6

When a plaintiff seeks injunctive or declaratory relief, what must they show to have standing?

Likelihood of future harm

7

What is the causation requirement for standing?

Plaintiff must allege and prove that D caused the injury

8

What is the redressability requirement for standing?

A favourable court decision must remedy P's injury

9

In what two instances might a third party have standing?

1. P is unlikely to be able to assert her own claim

2. Special relationship between P and third party

10

What three criteria must be met for an organisation to have standing?

1. Members would have standing to sue

2. Organisation has a purpose related to the interest of the suit

3. Suit must not require any specific member participation

11

What is the one exception to the rule that one cannot sue solely as a citizen or taxpayer?

Taxpayers can challenge government expenditure of cash money pursuant to statutes which violate the Establishment Clause

12

What is ripeness?

Whether or not P has an injury

13

How will ripeness appear on the bar?

P will bring a request for a delcaratory judgment that a law is invalid prior to its enforcement against P

14

What two things will the court consider in assessing ripeness?

1. Hardship to P without review

2. Does court have all it needs?

15

What is mootness?

Where the injury has expired and cannot be redressed by the court

16

Despite mootness, what three instances will the court still hear?

1. Injury capable of repetition, but evading review

2. D stops conduct, but is free to resume at any time

3. Class actions where the rep's claim is moot, but at least 1 of the class still has a redressable injury

17

What are four examples of non-justiciable political questions?

1. Challenges to the republican form of government clause

2. Foreign affairs

3. Gerrymandering

4. Impeachment

18

What is the indepedent and adequate state law grounds?

Where a state court decision is based on two grounds, one federal law ground and one independent state law ground, and the Supreme Court's reversal of the federal law ground will not change the result, the SC will not hear the case

19

What is the difference between cases that go to the Supreme Court by writ, and by appeal?

Writ

Discretion to hear the case

Appeal

Supreme Court must hear the case

20

What is the only instance of a case which goes to the Supreme Court by appeal?

Decisions of three-judge federal district courts

21

From what does the Eleventh Amendment protect states?

 

From being sued in federal courts by private citizens

22

What is the principle of sovereign immunity?

States cannot be sued in state court or federal agencies

23

What are four exceptions to sovereign immunity?

1. State consents to be sued

2. Congress can authorise a suit against a state for violations of laws enacted pursuant to the Fourteenth Amendment only

3. Bankruptcy proceedings

4. Federal government can sue state governments

24

Can state officers still be sued?

1. For injunctive relief always

2. For money damages out of their own pocket

25

What is the doctrine of abstention?

Federal court will not get involved in a case where the meaning of state law is unclear or the same matter is currently being heard in state court