1) Judicial Review

Question 1

general categories of judicial review

Answer 1

1) law-based fed j

2) party-based fed j

Question 2

law-based fed j: kinds

Answer 2

1) arises under const or fed laws

2) admiralty + maritime

Question 3

party-based fed j: kinds

Answer 3

1) US is a party
2) state v state
3) state v citizens of another state
4) diversity
5) foreign diplomats

Question 4

11th am: rule

Answer 4

private indivs can’t sue states for $ damages (in state or fed ct)

Question 5

11th am: aka

Answer 5

state sovereign immunity

Question 6

11th am: exceptions

Answer 6

1) only says indivs
2) only says states
3) only says $
4) waiver: state can consent to suit if clear
5) enforcement powers

Question 7

11th am: enforcement powers: def

Answer 7

13/14/15 ams: Congress can use its enforcement powers to overcome state sovereign immunities, + authorize private suits by indivs

Question 8

another limit on fed j

Answer 8

must be case or controversy

Question 9

other things needed to get to fed ct: mnemonic

Answer 9

RAAMPS

Question 10

other things needed ot get to fed court: list

Answer 10

Ripeness
Abstention
Adequate and Indep State Grounds
Mootness
Pol qs
Standing

Question 11

Standing: reqs

Answer 11

under Art 3: must show

1) injury in fact
2) causation
3) redressability

Question 12

injury in fact: def

Answer 12

actual or imminent personal injury (direct and personal)

Question 13

injury in fact: exs of ppl who DNH

Answer 13

legislator
constitution lover
taxpayer

Question 14

injury in fact: taxpayer exception

Answer 14

taxpayers nly dnh as such, BUT taxpayer can challenge LAWS (not exec actions) re 1A establishment clause

Question 15

redressability: def

Answer 15

victory helps P (must show he’ll benefit from remedy)

Question 16

3rd party standing: rule

Answer 16

usu none (can’t assert others’ rights)

Question 17

3rd party standing: exception

Answer 17

ok if:

1) spl rship
2) incapacity

Question 18

3rd party standing: exception: spl rship def

Answer 18

connection btwn interests of claimant + const rights of 3p

Question 19

3rd party standing: exception: incapacity: def

Answer 19

3p unable or difficult to raise himself

Question 20

org standing: rule

Answer 20

ok if1) member standing

2) purpose of the assn
3) member participation not required

Question 21

org standing: member standing: def

Answer 21

would have as indivs

Question 22

org standing: purpose of the assn: def

Answer 22

must be relevant to interest asserted in suit

Question 23

org standing: member participation not required: def

Answer 23

must be identically situated, re claim AND remedy

Question 24

ripeness: def

Answer 24

sued too soon – claim not fully developed (pre-ijury, not nec to decide yet)

Question 25

mootness: def

Answer 25

sued too late, dispute resolved

Question 26

mootness exception

Answer 26

CORYER: capable of repetition yet evading review: impossible to adjudicate before becomes moot if apply nl doctrine

Question 27

political question: def

Answer 27

fed courts can't hear political questions -- assigned to other branch by const, or incapable of judicial answer

Question 28

pol question: factors

Answer 28

(most impt) 1) textual commitment (words of const) 2) no standards (pol q not legal so can't come up w good rule)

Question 29

pol question: common examples

Answer 29

foreign affairs, impeachments, POLITICAL (not racial) gerrymandering

Question 30

abstention: def

Answer 30

federal courts abstain from deciding undecided issues of state law out of deference to states

Question 31

abstention: 2 kinds

Answer 31

1) unclear state law | 2) state court enforcement proceeding

Question 32

abstention: state court enforcement proceeding: def

Answer 32

if state court enforcement proceeding is going on, fed court will abstain from hearing the same matter

Question 33

adequate and independent state grounds: def

Answer 33

USSC (only!) won't hear dec from state high court (only!) if dec can rest on state law grounds alone (adequately and independently)

Question 34

adequate and indep state grounds: when applies

Answer 34

USU if state law ground INVALIDATES it's A+I, but if validates not (bc could still be invalid under fed law)

Question 35

adequate and indep state grounds: exception

Answer 35

if STATE FOLLOWS FED, no independent basis, so dn apply (const or j. doctrines say)

Question 36

SC jurisdiction: kinds

Answer 36

1) original | 2) appellate

Question 37

SC orig j: effect of Congress

Answer 37

can't change

Question 38

SC orig j: rule

Answer 38

party-based: 1) foreign diplomat 2) state as party

Question 39

SC appellate j: def

Answer 39

fed const or fed law is at issue

Question 40

Congress' power over the courts: lower fed cts

Answer 40

C can do what it wants

Question 41

Congress' power over the courts: SC

Answer 41

unsettled (most think can't strip j)

Question 42

Congress' power over the courts: changes

Answer 42

Congress CAN'T take case from appellate j and make it orig j (Marbury v. Madison)