Federal Judicial Power

Question 1

Overarching federal judiciary power

Answer 1

• As defined by Article III of the Constitution
• All cases and controversies must be justiciable
• No advisory opinions

Question 2

Requirements for Jusiticiability

Answer 2

1. Standing
2. Ripeness
3. Mootness
4. And not a political Question

Question 3

Requirements for Standing

Answer 3

1. Injury in fact
2. Causation and Redressability
3. No Third Party Standing (exception)
4. No Generalized Grievances

Question 4

Injury (standing)

Answer 4

• Plaintiff must allege and prove that he or she has been injured or will imminently be injured
  
  • cannot be mere idelogical objection
  • must be personally suffered
  • Those seeking injunctive or declaratory relief must show a likelihood for future harm

Question 5

Causation & Redressability (standing)

Answer 5

Must allege and prove the defendant caused the injury so a favorable court decision is likely to remedy the harm

If no effect, would be an advisory opinion

Question 6

Third Party Standing (Standing)

Answer 6

Plaintiff may not assert the claims of others not before the court–> must be personally suffered injuries.

Question 7

Exceptions to third party standing

Answer 7

• If there is a close relationship between the plaintiff and the injured party which allows the third party to be adequately represented
  
  • Doctor-Patient relationship
  • not non-custodial parent
• If the party is unlikely to assert their own rights (e.g. jurors being systematically excluded from juries
• Organization may sure for its members if
  
  • the members would have standing individually
  • interests are germane to the organizations purpose
  • neither the claim nor releif requires participation of individual members

Question 8

Bar against generalized grievances

Answer 8

A plainitff cannot sue solely as a citizen or taxpayer interested in having the government follow the law without having suffered personal injury

Question 9

Exceptions to the bar against generalized grievances

Answer 9

• RELIGION Taxpayers may challenge government expendistures pursuant to federal statutes as violating the establishment clause
  
  • no standing to challenge law granting tax credits to person who contribute to organizations that attend private schools b/c does not involve transfer of government funds
• POWERS RESERVED TO THE STATES: Standing as a citizen to allege that a federal action violates the 10th Amendment by interfering w/ the powers reserved to the states as long as the person can show injury in fact and redressability

Question 10

Ripeness

Answer 10

• Whether a federal court may grant preenforcement review of a statute or regulation
  
  • The hardship that will be suffered without pre-enforcement review
  • Fitness of the issues and the record for judicial review.

Question 11

Mootness

Answer 11

If events after the filing of a lawsuit ends the Plaintiff’s injury, the case must be dismissed as moot because a plaintiff must present a live controversey, though a non-frivilous money suit may keep the suit alive.

Question 12

Exceptions to Mootness

Answer 12

1. The wrong is capable of repetition but evades review because of its inherently limited time duration
2. Voluntary cessation (but could be used again once the controversey is dismissed)
3. Class Action suits (as long as someone in the suit was injured)

Question 13

Political Questions Doctrine

Answer 13

• Constiutional Violations that federal courts will not adjudicate:
  
  • Guarantee clause: guarantee to each state a republican form of government
  • Foreign Policy: Challenges to the President’s conduct of foreign policy
  • IMpeachment and Removal Process
  • Partisan Gerrymandering

Question 14

How cases reach the Supreme Court

Answer 14

• must meet all justiciability requirements
• Almost all Come by writ of certiori
  
  • All cases from state court
    
    • must have had a final judgment of highest state court
    • Cannot be an independent and adequate ground of decision
  • All cases from US Court of Appeals
• Mandatory for the court to hear appeals of decisions made by a panel of three-federal district court judges
• Original and exclusive jurisdiction over disputes between state governments (mandatory for them to take the case)

Question 15

Independent and Adequate State Ground of Decision

Answer 15

SCOTUS cannot review a state court decision that rests on an independant or adequate ground of decision

If rests on two grounds, one state and one federal, SCOTUS CANNOT hear it if the reversal of federal law will not change the result in the case.

Question 16

Right of review for lower federal courts

Answer 16

1. May not hear suits against state governments (sovereign immunity)
2. Abstention: may not enjoin pending state court proceedings

Question 17

Sovereign Immunity

Answer 17

• 11th Amendment bars suits against states in federal courts–states govenrments cannot be named as defendants in federal court cases
• Also bars suits against states in state courts of federal agencies and even on federal law claims
  *

Question 18

Exceptions to sovereign Immunity

Answer 18

1. Waiver: a state may and must expressly consent to suit
2. Pursuant to the federal laws adopted under Sec. 5 of the 14th Amendment–no other federal provision authorizes similar authority
3. Federal government may sue state governments
4. Bankrupcy Proceedings–does not apply to Congress’ article I bankruptcy power as set up in US bankrupcy Court

Question 19

Suits against State Officers

Answer 19

• Are allowed even when the state govenrment cannot be named as a defendant
  
  • Must be sued for injunctive relief
  • May be sued for money damages to be paid from their own pockets
  • May not be sued if the state treasury will pay damages