Federal Judicial Power Flashcards
Source of Judicial Power
Article III give the Federal Judicial its power, but states it can only decide actual cases and controversy. This means no advisory opinions, and cases that are brought must be ripe (not moot) and brought by someone with standing.
Ripeness
Pre-enforcement review of laws are generally not ripe unless there will be a substantial hardship in absence of review and the issues and record are fit for review.
Test for Mootness
A case is live if it is a suit for injunctive or declaratory relief and the challenged law or conduct continues to injure or if in a suit for damages, the plaintiff has not been made whole.
Even if a case is moot, exceptions will be made when the injury is capable of repetition but evades review, the defendant voluntarily ceased the behavior but could resume at any time, or in a class action when one plaintiff suffers an ongoing injury.
Test for Standing
The plaintiff must have suffered an injury, meaning any harm that is concrete (not hypothetical) and particularized (not general).
The injury must have already occurred or will imminently occur.
The injury must have been personally suffered by the plaintiff or they must have third party standing (close relationship, organizations on behalf of members, or free speech overbreadth).
Plaintiff must show the injury is fairly traceable to the defendant and that a favorable court decision can remedy the harm.
Redressability
Plaintiff must be able to show that a favorable court decision can remedy the harm.
Sovereign Immunity
Generally, the sovereign immunity clause under the 11th amendment makes it so that state and federal governments enjoy immunity from lawsuits. However, this does not prevent suits that states consented to, suits against state officers, and suits against local governments.
Final Judgment Rule
The Supreme Court will only hear a case after there has been a final judgment by the highest state court capable of rendering a decision. In federal court, the case must have gone before the federal court of appeals or in special situations a three-judge district court.
