Judicial Power

Question 1

Federal judicial power (derived from Article III) extends to cases involving:

Answer 1

• interpretation of the constitution, federal laws, treaties, and admiralty and maritime laws
• disputes between states, states and foreign citizens, and citizens of diverse citizenship

Question 2

Federal courts can only hear a case if it involves a

Answer 2

case or controversy

Question 3

When is there a case or controversy? Depends on?

Answer 3

What the case is requesting (is it an advisory opinion?)
When is it brought (ripe or moot?)
who is bringing it (does the plaintiff have standing?)

Question 4

How can a plaintiff show ripeness before a law or policy is enforced?

Answer 4

The issues are fit for a judicial decision AND
the plaintiff would suffer substantial hardship in the absence of review.

Question 5

Ripeness Quality 1: When is a case not fit for judicial decision?

Answer 5

Usually an issue doesn’t have fitness for judicial decision if it relies on uncertain or contingent future events that might not happen.

Question 6

Ripeness Quality 2: How can plaintiff show substantial hardship?

Answer 6

More hardship = more ripe.

Question 7

Plaintiff seeks declaration on constitutionality of anti-contraceptive law unenforced for 80 years. Is this case ripe?

Answer 7

No.

Question 8

Claim not moot in following situations, even if injury has passed:

Answer 8

• controversies capable of repetition but that evade review because of their inherently short duration
• cases where the defendant voluntarily stops offending practice but is free to resume it
• class action in which class rep. controversy has become moot but claim of at least one other class member still viable.

Question 9

When should person have standing?

Answer 9

All stages of litigation, including appeal.

Question 10

standing has three major components:

Answer 10

injury, causation, redressability

Question 11

What is injury in fact

Answer 11

a particularized injury (affects plaintiff personally and individually) AND
concrete injury (one that actually exists)

Question 12

No citizenship standing

Answer 12

people have no standing merely as citizens or taxpayers to claim that gov action violates fed law or constitution. injury too general

Question 13

exception —challenging tax liability

Answer 13

taxpayer has standing to challenge their tax bill

Question 14

exception 10th amendment

Answer 14

person MAY have standing to allege that federal action violates 10th amend. by interfering with powers reserved to states as long as person has a redressable injury in fact

Question 15

exception - congressional spending

Answer 15

people have standing to challenge congressional spending measures on first amendment establishment clause grounds
* has to involve congress’ spending power

Question 16

who must suffer the injury?

Answer 16

there is no third party standing generally. plaintiff should be the one who suffered injury, but there are exceptions…

Question 17

claimant with standing in own right may assert rights of a third party if:

Answer 17

(1) difficult for third party to assert their own rights, or
(2) close relationship between claimant and third party.

Question 18

an organization has standing to sue on behalf of its members it

Answer 18

(1) there is an injury in fact to members
(2) the members’ injury it related to org’s purpose AND
(3) individual member participation in lawsuit not required

Question 19

standing for free speech overbreadth claims

Answer 19

person has standing to bring free speech claim alleging that the government restricted substantially more speech than necessary even if that person’s own speech would not be protected under first amendment.

Question 20

Causation element

Answer 20

There must be causal connection between injury and conduct complained of.

Question 21

redressability element

Answer 21

decision in litigant’s favor must be capable of eliminating their harm (for example, through money damages or an injunction)

Question 22

when standing to enforce government statutes?

Answer 22

plaintiff may have standing to enforce federal statute if they are within the zone of interests congress meant to protect

Question 23

sovereign immunity and eleventh amendment

Answer 23

USSC said doctrine of sovereign immunity reflected in 11th amend. bars a private party’s suit against a state in federal and state courts. Similarly, sovereign immunity bars claims against a state in federal and state agencies.

Question 24

exceptions to state sovereign immunity

Answer 24

• express waiver
• implicit consent/structural waiver
• actions against local governments
• suits by other states or the federal government
• bankruptcy
• certain actions against state officers
• congress removes the immunity

Question 25

unsettled question of state law

Answer 25

a fed ct will temporarily abstain from resolving a constitutional claim when the dispotition rests on an unsettled question of state law

Question 26

pending state proceedings

Answer 26

federal courts will not enjoin pending state criminal proceedings, except in cases of proven harassment or prosecutions taken in bad faith.

Question 27

original jurisdiction

Answer 27

USSC has original jurisdiction in all cases affecting ambassadors, public ministers, consuls, and those in which a state is a party, but Congress has given concurrent jurisdiction to lower federal courts in all cases except those between states.

Question 28

appellate jurisdiction

Answer 28

USSC has appellate jurisdiction in all cases to which federal judicial power extends under Article III, subject to congressional exceptions and regulation.

Question 29

When exercising its appellate jurisdiction, typically the Supreme Court will only hear the case after there has been a

Answer 29

final judgment by lower court.

Question 30

cases can come to the court by one of two ways

Answer 30

writ of cert
appeal (rare)

Question 31

writ of certiorari

Answer 31

USSC has complete discretion to hear cases that come to it by certiorari. The cases that come by certiorari are:
- cases from the highest state court capable of providing a decision where (1) the constitutionality of a federal statute, federal treaty, or state statute is in issue, or (2) a state statute allegedly violates federal law; and
- all cases from federal courts of appeals

Question 32

appeal - rare cases

Answer 32

USSC MUST hear cases that arrive to it by appeal. These cases are confined to decisions by three-judge federal district court panels that grant or deny injunctions.

Question 33

adequate and independent state grounds

Answer 33

Supreme Court will not exercise jurisdiction if the state court judgment is based on adequate and independent state law grounds, even if federal issues are involved.