Art. III: Judicial Power

Question 1

4 Justiciability Req’s

Answer 1

1. Standing
2. Ripeness
3. Not Moot
4. Not Political Q

Question 2

Standing

Answer 2

P is proper person to sue
A. Injury (personally suffered; inj. = likelihood of future harm)
B. Causation + Redressability (D caused harm and favorable decision likely to remedy)
C. No general citizen/taxpayer grievance (exception for statutory exp. in violation of Est. Clause)
D. Generally not 3rd Party Standing

Question 3

Standing - Third Party

Answer 3

1. Close Relative
2. Injured can’t assert own rightrs
3. Org. if (a) members could sue, (b) interest germane to org’s purpose and (c) claim/relief doesn’t require individual member participation

Question 4

Standing - Ripeness

Answer 4

pre-enforcement review (declaratory judgment) balances (1) hardship suffered w/out review and (2) fitness of record for judicial review

Question 5

Standing - Mootnoess

Answer 5

Live controversy required
Exception if (1) capable of repetition + evading review, (2) voluntary cessation, (3) class action so long as 1 member has ongoing injury

Question 6

Standing - Political Q

Answer 6

Non-justiciable political Q’s: (1) rep form of gov’t, (2) president’s foreign policy, (3) impeach and removal, (4) gerrymandering

Question 7

Supreme Court Jx

Answer 7

1. Writ from state supreme court of US appeals court
2. Appeal from 3-mbr fed district court
3. Original/Exclusive for suit between states

Limits: (1) ind. + adq. state law grounds; (2) not a final judgment

Question 8

Federal Court Review Limits

Answer 8

1. Absention: won’t enjoin pending state proceeding

2. Sovereign Immunity

Question 9

Sovereign Immunity

Answer 9

1. 11th Amd. bars suit against state in fed court.
2. Sov Imm bars suit against state in state court and federal agencies

Exceptions: (1) express consent, (2) laws enforcing 14th Amd., (3) Fed Gov’t P, (4) bankruptcy, (5) can sue state official for injunction + damages so long as personally liable and not out of treasury (other than indemn.)