general categories of judicial review
1) law-based fed j
2) party-based fed j
law-based fed j: kinds
1) arises under const or fed laws
2) admiralty + maritime
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
11th am: rule
private indivs can’t sue states for $ damages (in state or fed ct)
11th am: aka
state sovereign immunity
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
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
another limit on fed j
must be case or controversy
other things needed to get to fed ct: mnemonic
RAAMPS
other things needed ot get to fed court: list
Ripeness Abstention Adequate and Indep State Grounds Mootness Pol qs Standing
Standing: reqs
under Art 3: must show
1) injury in fact
2) causation
3) redressability
injury in fact: def
actual or imminent personal injury (direct and personal)
injury in fact: exs of ppl who DNH
legislator
constitution lover
taxpayer
injury in fact: taxpayer exception
taxpayers nly dnh as such, BUT taxpayer can challenge LAWS (not exec actions) re 1A establishment clause
redressability: def
victory helps P (must show he’ll benefit from remedy)
3rd party standing: rule
usu none (can’t assert others’ rights)
3rd party standing: exception
ok if:
1) spl rship
2) incapacity
3rd party standing: exception: spl rship def
connection btwn interests of claimant + const rights of 3p
3rd party standing: exception: incapacity: def
3p unable or difficult to raise himself
org standing: rule
ok if1) member standing
2) purpose of the assn
3) member participation not required
org standing: member standing: def
would have as indivs
org standing: purpose of the assn: def
must be relevant to interest asserted in suit
org standing: member participation not required: def
must be identically situated, re claim AND remedy
ripeness: def
sued too soon – claim not fully developed (pre-ijury, not nec to decide yet)
mootness: def
sued too late, dispute resolved
mootness exception
CORYER: capable of repetition yet evading review: impossible to adjudicate before becomes moot if apply nl doctrine
political question: def
fed courts can’t hear political questions – assigned to other branch by const, or incapable of judicial answer
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)
pol question: common examples
foreign affairs, impeachments, POLITICAL (not racial) gerrymandering
abstention: def
federal courts abstain from deciding undecided issues of state law out of deference to states
abstention: 2 kinds
1) unclear state law
2) state court enforcement proceeding
abstention: state court enforcement proceeding: def
if state court enforcement proceeding is going on, fed court will abstain from hearing the same matter
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)
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)
adequate and indep state grounds: exception
if STATE FOLLOWS FED, no independent basis, so dn apply (const or j. doctrines say)
SC jurisdiction: kinds
1) original
2) appellate
SC orig j: effect of Congress
can’t change
SC orig j: rule
party-based:
1) foreign diplomat
2) state as party
SC appellate j: def
fed const or fed law is at issue
Congress’ power over the courts: lower fed cts
C can do what it wants
Congress’ power over the courts: SC
unsettled (most think can’t strip j)
Congress’ power over the courts: changes
Congress CAN’T take case from appellate j and make it orig j (Marbury v. Madison)
