Federal Judicial Power

Question 1

What type of cases can Art III Courts hear?

Answer 1

only cases and controversies

Question 2

Can the federal courts decide advisory opinions?

Answer 2

NO

Question 3

What are the 4 things must be met for justicability

Answer 3

1) Standing
2) ripeness
3) Mootness
4) no political question

Question 4

What are the requirements for standing

Answer 4

1) injury-in fact
2) causation and
3) redress ability

Question 5

What is needed for injury in fact for standing?

Answer 5

1) requires both the PARTICULARIZED INJURY (an injury that affects the P in personal and individual way) and

2) and CONCRETE injury (one that exists in fact).
- P must allege and prove that they have been injured or immediately will be injured

Question 6

What must P seeking injunction or declaratory judgment show in standing?

Answer 6

likelyhood of future harm

Question 7

what must happen for causation and redressability?

Answer 7

P must allege and prove that the D caused the injury so that a favorable court decision is likely to remedy the harm

Question 8

do P generally have 3rd party standing?

Answer 8

NO. A P CANNOT assert claims of 3rd parties who ARE NOT BEFORE THE COURT.

Question 9

3 exceptions to 3rd party standings

Answer 9

1) CLOSE RELATIONSHIP b/w p and injured party which means the P can be trusted to adequately represent the interests of 3rd parties.
2) 3rd party standing is allowed if the injured party is unlikely to be able to assert own rights
3) ASSOCIATION STANDING

Question 10

what is an example for close relationship standing for 3rd parties?

Answer 10

Doctor patient relationship.

- NOT non-custodial parent. Need to have custody of child to bring claim on behalf of kid.

Question 11

What are the requirements for association standing for 3rd parties?

Answer 11

an organization may sue for its members IF
1) the members would have standing to sue (actual injury)

2) the interests are germane to organization’s purpose
3) neither the claim nor relief requires participation of individual members

Question 12

generally are generalized grievances allowed

Answer 12

NO the P must not sue solely as citizen or tax payer interested in having the government follow the law

Question 13

X/C to generalized grievances

Answer 13

1) tax payers have standing to attack government spending to federal or state or local statutes as violating the ESTABLISHMENT CLAUSE
- does not apply to only tax credits

2) allege that a federal law violates the 10th amendment by interfering with the powers reserved to states as long as person can show injury-in-fact and redressability

Question 14

Ripeness

Answer 14

is a question of w/e federal court may grant preenforcement review of a statute or regulation

Question 15

when will the court hear a case not full ripe

Answer 15

1) when the HARDSHIP that will be suffered w/o pre-enforcement of review and
2) the FITNESS OF ISSUES and RECORD for judicial review.

Question 16

mootness

Answer 16

if the events after the filing of a lawsuit end the p’s injury, the case must be dismissed as moot b/c a P must present a live controversy though a non-frivolous money damages claim will keep case alive

Question 17

x/c to mootness (3)

Answer 17

1) the wrong is CAPABLE OF REPUTITATION but evades review b/c of the limited time
(ex: abortion)

2) voluntary cessation (D stops doing harm but will start it back up once dismissed)
3) class action suits

Question 18

will federal courts hear political questions?

Answer 18

NOPE

Question 19

4 types of political questions

Answer 19

1) the republic forum of government (gurantee clause)
2) challenges to Presidents conduct of FOREIGN POLICY
3) Challenges to the IMPEACHMENT AND REMOVAL PROCESS
4) challenges to partisan GERRYMANDERING but states may use independent commissions to draw districts rather than allowing the state legislature to do so.

Question 20

When MUST the SC hear a case?

Answer 20

when it is

1) APPEALS exist for decisions of
2) 3 Judge federal district court `

Question 21

may SC hear interlocutory appeals?

Answer 21

NO must be a final judgment

Question 22

what type of cases can federal courts (and state courts) may not hear suits against?

Answer 22

state governments (due to sovereign immunity)

Question 23

do cities have sovereign immunity?

Answer 23

NO

Question 24

what is sovereign immunity?

Answer 24

1) the 11th amendment bars suits against state governments in federal court.
2) sovereign immunity bars suits against state governments in state courts or federal agencies even on federal law claims

Question 25

4 X/C when state governments may be sued

Answer 25

1) WAIVER is permitted, that is, a state may and EXPRESSLY CONSENT to being sued.
2) states may be sued pursuant to federal laws adopted under SECTION 5 OF THE 14TH AMENDMENT.
3) the FEDERAL GOVERNMENT sues the state.
4) BK proceedings.

Question 26

what provision can congress use to allow individuals to sue a state government and only what provision

Answer 26

ONLY section 5 of 14th amendment.

Question 27

when can a person bring suit against a state official?

Answer 27

IF

1) for injunction relief or
2) state officers may be sued for money damages to be paid out of their OWN WALLET
3) CANNOT be sued if it is state treasury that will pay

Question 28

can a person sue not sue a state official

Answer 28

when the state treasury would pay for the damages

Question 29

when is the only time SC will hear a case from state court

Answer 29

only if the state court judgment turned on federal grounds.

Question 30

when will SC refuse jurisdiction in state court judgment

Answer 30

when SC finds ADEQUATE and INDEPENDENT nonfederal grounds to support the state decision

Question 31

what does adequate mean when SC will refuse jurisdiction of a state court case

Answer 31

that the are fully dispositive of the case, so that even if the federal grounds are wrongly decided, it would not affect the outcome of the case

Question 32

what does independent mean when SC will refuse jurisdiction of a state court case

Answer 32

if state courts interpretation of its state provision was based on federal case law interpreting an identical federal provision, the state grounds for the decision are not independent

Question 33

what if the basis is unclear for adequate and independent grounds for state court decision for SC to hear

Answer 33

w/e unclear the state court decision turned on federal or state law,

1) the SC may dismiss the case OR
2) remand it to the state court for clarification

-However, SC will usually assume that there is no adequate state grounds unless the state court expressly stated that its decision rested on state law.

Question 34

can congress simply confer standing to people?

Answer 34

NO

- Congress can create new rights under statutes but cannot simply confer standing

Question 35

Do members of congress have standing to challenge a presidents line-item veto

Answer 35

NO

- Not concrete b/c not personal, shared by all members of congress

Question 36

When will a federal court hear an injunction suit on a potential state criminal proceeding?

Answer 36

a federal court will hear an action to enjoin a pending state court prosecution if it is being conducted in bad faith (merely to harass the defendant).