Federal Judicial Power

Question 0

Standing defined

Answer 0

Whether P is the proper party to bring the matter to the court for adjudication

Question 1

Requirements for cases and controversies

Answer 1

1. Standing
2. Ripeness
3. Not moot
4. Not a political question

Question 2

Standing requirements

Answer 2

1. Injury
2. Causation and redressability
3. Not asserting claims of 3rd party
4. Not a generalized grievance

Question 3

“Injury”

Answer 3

P must allege and prove
That P has been personally injured
or imminently will be injured.

Question 4

Injunctive or declaratory relief

Answer 4

If sought by P, must show likelihood of future harm

Question 5

Causation and redressability

Answer 5

P must allege and prove
that D caused the injury and
That a favorable ruling is likely to remedy the injury

Question 6

Third party standing

Answer 6

Generally, not allowed to assert claims of others

Exceptions:

1. A close relationship exists between P & 3P
2. 3P is unlikely to be able to assert his rights
3. Organization on behalf of members

Question 7

Organization exception for 3P standing

Answer 7

Organization may sue on behalf of its members if:

1. Members would have standing
2. Members’ interests are germane to Org’s purpose
3. Neither claim nor relief requires participation of individual members

Question 8

Generalized grievances

Answer 8

Generally not allowed to sue as a citizen or taxpayer.

Exception: taxpayer challenging gov. expenditures pursuant to statute as violating Establishment Clause.
*NOT about spending power or giving land

Question 9

Ripeness

Answer 9

Whether a federal court may grant pre-enforcement review of a statute/regulation.

Factors:

1. The hardship that will be suffered without pre-enforcement review.
2. The fitness of the issues and record for judicial review.

Question 10

Mootness

Answer 10

If events occur after filing the lawsuit that end P’s injury.

Question 11

Mootness exceptions

Answer 11

1. A wrong capable of repetition, but evading review (Roe v. Wade)
2. Voluntary cessation by P
3. Class action suit - so long as at least 1 class member has an ongoing injury

Question 12

Political question doctrine

Answer 12

Involves constitutional violations that courts will not adjudicate

Question 13

4 most common political question issues

Answer 13

Challenges to:

1. The “republican form of government clause”
2. The President’s conduct of foreign policy
3. The impeachment and removal process
4. Partisan gerrymandering

Question 14

The “republican form of government”

Answer 14

Direct adoption of laws by citizens and not legislative process

If a state or local government violates = dismissed

Question 15

How cases get to SCOTUS

Answer 15

Writ of certiorari (discretionary) or

Mandatory review

Question 16

Suits between state governments

Answer 16

SCOTUS has original and exclusive jurisdiction

Question 17

SCOTUS mandatory review

Answer 17

Appeals from decisions by three-judge federal district courts

Skips US Court of Appeals

Question 18

SCOTUS review by writ of certiorari

Answer 18

All cases from:

1. State supreme courts
2. US Court of Appeals

Question 19

Final judgment rule

Answer 19

Generally, SCOTUS may only review cases after a final judgment from:

1. State’s highest court,
2. US Court of Appeals, or
3. Three-judge federal district court

Question 20

For SCOTUS to review state court decisions…

Answer 20

There must not be an independent and adequate state law ground of decision.

SCOTUS only rules on federal law

Question 21

Sovereign immunity

Answer 21

1. 11th Amendment bars suits against states in federal court

2. Sovereign immunity bars suits against states in state courts or federal agencies

Question 22

Exceptions to Sovereign Immunity

Answer 22

States may be sued if:

1. Waiver is permitted and State has explicitly waived
2. Pursuant to federal laws adopted under section 4 of the 14th Amendment
3. P is the federal government
4. Bankruptcy proceedings

Question 23

Suits against state officers

Answer 23

Allowed. State officers may be sued for:

• injunctive relief
• money damages from their own pockets only (not the state treasury)

Question 24

Federal courts enjoining state court proceedings

Answer 24

Not allowed, even if federal court has jurisdiction