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FL & Fed Const Law Bar Exam 2020 > Judicial Power > Flashcards

Judicial Power Flashcards

1
Q

What limits the jurisdiction of Federal Courts?

A

Article III, section 2 of the U.S. Const. - Limited to Law Based Jurisdiction and Party Based Jurisdiction

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2
Q

What is the scope of Article III section 2 ?

A

Fed. Cts have power over Cases or contro.

(1) Arising under const. laws (fed. st.)
(2) Admiralty & maritime juris.
(3) Where US is P,
(4) b/w 2 or more states

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3
Q

What are the 5 party based sources of federal court jurisdiction?

A

The fed. courts have jurisdiction over any cases involving:

  1. The united states as a party
  2. State v state
  3. State v. non-citizens
  4. Citizens of Dif. States & 75K AIC (Diversity)
  5. Foreign Diplomats
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4
Q

What limitations does the 11th Amendment place on Judicial Power?

A

Private Individuals can’t sue the States for money damages in federal court

  • doesn’t include local gov’t
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5
Q

What steps should you take in examining a claim’s case and controversy requirements?

A

If the claim fails any of the req., the claim will not be heard

  1. Is the case ripe?
  2. Will the court invoke abstention?
  3. Is the controv. moot?
  4. Does the claim involve a non-judiciable pol. quest. ?
  5. Does the party bringing the claim have standing ?
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6
Q

What are the elements required for a party to have standing to bring suit?

A
  1. Injury in fact
  2. Causation
  3. Redressability
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7
Q

Standing - Injury in fact

A

∏ must allege and prove actual harm or imm. injury

  • Pers. suffered an individualized harm (no 3d P harm)
  • Econ. harm is best injury for standing (Monetary Damages)
  • For injunctive or declaratory relief must show Likelihood of Future Harm that will be personally suffered
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8
Q

Standing - Causation

A

∏ must allege & prove ▵’s conduct caused the injury

  • “cause in fact” of ∏ injury
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9
Q

Standing - Redressability

A

Litigation of the claim must remedy or benefit the claimand

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10
Q

What are the steps for analyzing if a third party has standing?

A

Presenting case of others not ok unless:

  1. indep. meets other standing req, AND:
  2. Close Relationship b/w P & 3d party or
  3. P’s injury adversely affects the P’s relationship w/ 3rd party
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11
Q

When does an organization have Standing?

A

Org. may sue on behalf of its members if:

(1) Indiv. members have standing to sue in his own right
(2) Interests at stake germane to organization’s purpose

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12
Q

Cases & Contro. Requirements - Advisory Opinions

A

No advisory Opinions - Fed. ct. can’t issue opinion on abstract or hypo. questions

  • MUST be a real & immediate present or future danger

Declaratory Judgments OK - decision by ct. on what legal effect of proposed course of conduct by 1 or both parties would be

  • Specific concrete controv. must still exist
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13
Q

When is a lawsuit ripe?

A

Fed ct. doesn’t have power to hear a suit that’s not ripe for adjudication

  • Plaintiff must have an actual injury
  • suit must have present case or contro.
  • ct. can’t review statute or regulation until its enforced
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14
Q

Why will a federal court refuse to hear the case if a suit is not ripe?

A

Fed. Court won’t hear a non-ripe case because:

  • Fed. Ct. doesn’t issue advisory opinions
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15
Q

When does a legal dispute become moot ?

A

A suit is moot when it is too late for a court to give remedy to avoid or fix the harm

  • There must be a live controv. at all stages of review.
  • If injury ends after the suit is filed, it will be dismissed as moot
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16
Q

What is the exception to a case being moot?

A
  1. If the injury is Capable of repetition yet evading review
    • When injury that occurs is of very short duration (Election laws, roe v. wade)
    • Case wont be moot if the injury has the ability to happen over and over again
  2. D vol. ceases its illegal/wrongful action upon commencement of litigation
  3. Named plaintiff’s claim in class action suit is resolved
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17
Q

What elements will prohibit a claim resting on a political question from being adjudicated?

A

Federal Court won’t rule on a matter in controv. if the matter is a political quest. to be resolved by one or both of the other two branches of gov’t

  • A pol. question not subject to judicial review arises when:
    1. The const. has assigned decision making on this subj. to a dif. branch of the government, OR
    2. The matter is inherently not one that the judiciary can decide
18
Q

Define the doctrine of abstention

A

Federal courts give deference to the decisions of State Courts when strong state interests are at stake

19
Q

In what 2 instances may a federal court abstain from a case?

A
  1. Court may refrain from ruling on fed. const. claim that depends on resolving an unsettled issue of state law best left to the state courts
  2. Pending State Proceedings - Pending if started b/f fed. ct. begun proceeding on merits
  • State Criminal Proceedings - Fed Ct. won’t enjoin a pending state criminal ct. proceeding
  • Pending st. Civil or Admin. Proceedings - Fed. Ct. shouldn’t enjoin when an important st. interest is involved
20
Q

Judicial Review of congressional and executive actions

A
  1. Can review an act of another branch of govern’t and declare that act unconst.
  2. Can review the constitutionality of a decision by a state’s highest court
21
Q

Judicial Review of State Actions

A

Federal judiciary has the power to review state actions to make sure there is conformity with the const, laws & treaties of the U.S.

22
Q

Supreme Court’s Jurisdiction

A

Interprets Const.

  • review constitutionality of acts of other branches of fed. gov. (statutes passed by congress & executive actions) to declare them unconst. & prohib. their enforcement
23
Q

What matters does the Supreme Court have Original Jurisdiction over?

A

The case may be filed first in the supreme court

  • All cases affecting ambassadors, other public ministers and consuls AND
  • those in which a state is a party
24
Q

How is appellate jurisdiction established in the Supreme Court ?

A
  1. Writ of Certiorai
  2. Direct Appeal
25
Q

Writ of Certiorai

A

Writ sent to SCOTUS to request they review a case.

  • They have complete discretion to hear these cases
  • At least 4 of 9 justices must vote to grant the writ
  • Only questions of fed. law
26
Q

Direct Appeal

A

Mandatory Appellate Jurisdiction

  • SCOTUS must hear all cases that come b/f them on direct appeal
  • direct appeal only by 3 judge fed. dist. ct. panel granting/denying injunctive relief
27
Q

What limitations has congress put on the Supreme Court’s appellate jurisdiction?

A

A final state court judgment that rests on adequate and independent state grounds can’t be reviewed by the U.S. Supreme Court (or it would be an advisory opinion)

28
Q

Define Adequate and Independent State Grounds Rule

A

A fedral court will not hear an appeal from a state high court if the state court decision is supported by state law grounds

29
Q

When will a state law ground be adequate to satisfy the adequate and indep. state grounds rule?

A

The decision must be able to rest solely on state law grounds

  • Can’t be upheld by both state and federal law
30
Q

What is the exception to the adequate and indep. state grounds rule?

A

Fed. Court will review a state courts decision if

  1. the state law used in the decision tracks federal law AND
  2. the state ct. has a practice of following the ffederal interpretations of the particular law
31
Q

Define when appellate jurisdiction exists

A

Appellate juris. exists when wither the U.S. Const. or a Fed. Law is at issue

32
Q

When does a taxpayer have standing?

A
  1. To litigate whether or how much she owes on her tax bill OR
  2. When taxpayer challenges governmental expenditures as violating the establishment clause
33
Q

The adequate and independent state grounds rule applies to which courts?

A

Only US supreme court

34
Q

What are the 2 types of jurisdiction that the united states supreme court has?

A
  1. Appellate jurisdiction and
  2. Original jurisdiction
35
Q

When does appellate jurisdiction exits

A

When either US const. or a federal law is at issue

36
Q

Define the type ofopinions that federal courts can’t issue

A

advisory opinions

37
Q

What are the 3 law based sources of federal jurisdiction?

A
  1. U.S. Const.
  2. Federal Laws
  3. Maritime Laws
38
Q

When does a taxpayer have standing sufficent to bring a lawsuit ?

A

Anytime there is a law violating the establishment clause (sep. of church and state)

39
Q

Judicial review of congressional & executive actions

A
  • Can review an act of another branch of the fed. gov’t and declare act unconst. AND
  • Can review the constitutionality of a decision by a state’s highest court
40
Q

Judicial Review of state actions

A

Supremecy clause gives judiciary power to review state actions to ensure conformity with the const., laws and treaties of the US

FL & Fed Const Law Bar Exam 2020 (18 decks)

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