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Flashcards in 1) Judicial Review Deck (42)
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1

general categories of judicial review

1) law-based fed j
2) party-based fed j

2

law-based fed j: kinds

1) arises under const or fed laws
2) admiralty + maritime

3

party-based fed j: kinds

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

4

11th am: rule

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

5

11th am: aka

state sovereign immunity

6

11th am: exceptions

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

7

11th am: enforcement powers: def

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

8

another limit on fed j

must be case or controversy

9

other things needed to get to fed ct: mnemonic

RAAMPS

10

other things needed ot get to fed court: list

Ripeness
Abstention
Adequate and Indep State Grounds
Mootness
Pol qs
Standing

11

Standing: reqs

under Art 3: must show
1) injury in fact
2) causation
3) redressability

12

injury in fact: def

actual or imminent personal injury (direct and personal)

13

injury in fact: exs of ppl who DNH

legislator
constitution lover
taxpayer

14

injury in fact: taxpayer exception

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

15

redressability: def

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

16

3rd party standing: rule

usu none (can't assert others' rights)

17

3rd party standing: exception

ok if:
1) spl rship
2) incapacity

18

3rd party standing: exception: spl rship def

connection btwn interests of claimant + const rights of 3p

19

3rd party standing: exception: incapacity: def

3p unable or difficult to raise himself

20

org standing: rule

ok if1) member standing
2) purpose of the assn
3) member participation not required

21

org standing: member standing: def

would have as indivs

22

org standing: purpose of the assn: def

must be relevant to interest asserted in suit

23

org standing: member participation not required: def

must be identically situated, re claim AND remedy

24

ripeness: def

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

25

mootness: def

sued too late, dispute resolved

26

mootness exception

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

27

political question: def

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

28

pol question: factors

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

29

pol question: common examples

foreign affairs, impeachments, POLITICAL (not racial) gerrymandering

30

abstention: def

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

31

abstention: 2 kinds

1) unclear state law
2) state court enforcement proceeding

32

abstention: state court enforcement proceeding: def

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

33

adequate and independent state grounds: def

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

34

adequate and indep state grounds: when applies

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

35

adequate and indep state grounds: exception

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

36

SC jurisdiction: kinds

1) original
2) appellate

37

SC orig j: effect of Congress

can't change

38

SC orig j: rule

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

39

SC appellate j: def

fed const or fed law is at issue

40

Congress' power over the courts: lower fed cts

C can do what it wants

41

Congress' power over the courts: SC

unsettled (most think can't strip j)

42

Congress' power over the courts: changes

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