Judicial Review

Question 1

Justiciability

Answer 1

refers to the type of cases federal courts can here. They can only hear cases that involve a “case and controversy”

Question 2

A matter involves a case and controversy if

Answer 2

the court is NOT offering an advisory opinion, the plaintiff has standing, the claim is ripe, the claim is not moot and the claim does not involve a PQ

Question 3

a plaintiff has standing if

Answer 3

there has been an injury caused by the conduct, and it is redressable

Question 4

a claim is ripe for review when

Answer 4

there is an immediate threat of harm - it is not some uncertain contingent future event. Generally an unenacted law lacks ripeness

Question 5

a claim is an exception to moot rule when

Answer 5

matters are capable of repetition, yet evading review, voluntary cessation but can resume at any time and class actions

Question 6

the supreme court will not review a state law deicision

Answer 6

if the state law decision was based on adequete and independent state law grounds