Judicial Review Flashcards
Fed judicial power scope: article 3 sec 2
Fed cuts have orig juris over -
- cases, law and equity, arising under: US cons, fed laws, treaties
- when US is a party
- bt states
- bt a state and citizens of another state
- bt citizens of diff states
- cases affecting ambasadors, pub minsters, consuls
- admiralty and maratime
citizens can’t sue theirs or another state on fed claims for money damages without the st’s consent under the ____
11A. some exceptions: suing st officials who abuse their power, 1 st vs another st, fed vs st, injunctions
fed courts will consider before taking a case/ limits on fed judicial sys
RAMPS ripeness absention, advisory ops and adequate st grounds mootness political qs standing ---- case or controversey
fed cts will abstain from deciding a case when
there are undecided issues of st law presented.
permits the st ct to resolve issues of st law, thereby making a deecision of the cons issue unnecessary
Article 3 standing els
IIF
causation
redressability
Causation required for standing- def
injury caused by the violation of a duty affecting the P’s rts arising under the cons or fed law
An association has standing to assert claims of its mems, even if the assoc has not suffered any injury itself if:
mems would otherwise have standing to sue in their own right
int asserted is germaine to the assoc’s purpose
neither the claim asserted nor the relief requested would require participation by the ind mems in the lawsuit
Sup ct has orig juris over –
article 3 sec 2 all cases affecting: ambassadors other pub ministers and consuls when a state is a party
congress can’t enlarge or restrict SCOTUS orig juris
A case is appealed from the highest state court. scotus will avoid the cons q bc
even if a st ct decision may involve a fed q,
if the st ct judgment can be supported on an independent and adequate st ground, the scotus will not take jurisdiction.
