Power of the Judiciary Flashcards
Power of the federal courts
Federal courts have the power to hear cases and controversies that are based on a federal question, diversity cases, and admiralty and maritime cases.
Standing
P must have standing to sue in court and it exists when:
- Individual needs an injury, in fact, causation and redressability in order to file a lawsuit.
- the case must be ripe and cannot be moot.
- A court will not render advisory opinions.
(injunctive/declaratory = show imminent threat of future injury)
Organization standing
for an organization to have standing it must show:
a. a member has standing
b. the member’s injury is related to the purpose of the organization and
c. individual members are not required to participate in the lawsuit.m
Third standing
not permitted unless:
a. close relationship exists
b. it’s difficult or unlikely for the third party to assert their rights on their own or
the third party is an organization.