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Flashcards in Con Law 1 - Judicial Review Deck (18):
1

5 Sources of Party-Based Federal Jurisdiction

1. U.S. Government being sued.
2. State v. State
3. State vs. Other State's Citizens
4. Citizens from different states with >$75k in controversy
5. Foreign diplomats.

2

11th Amendment

State Sovereign Immunity - Blocks private individual suits against states for monetary damages.

3

State Sovereign Immunity Exceptions (5)

1. Only individuals are blocked, other states and feds can sue states.
2. Only states get protection. You can sue local governments.
3. Only blocks money damages. Can still get injunction.
4. Waiver. State can consent to a suit if it does so clearly.
5. Enforcement powers of congress. 13, 14, and 15th amendments.

4

RAMPS to get into federal court

Ripeness, Abstention, Adequate and Independent State Grounds, Mootness, Political Question, Standing

5

Standing - 3 Components

1. Injury In Fact
2. Causation
3. Redressability

6

Standing - Injury in Fact

Actual or imminent personal injury.
Not injury = legislator that votes against laws, constitution lover, tax payer. (Exception to tax payer is establishment clause laws).

7

Standing - Causation

Defendant caused the injury.

8

Standing - Redressability

Winning the suit would make things better for the plaintiff.

9

Standing - Third Parties

Generally 3rd party doesn't have standing to assert the rights of someone else. To have it you have to:
(1) Be a special relationship between P and the 3rd party so that interest of P are connected to 3rd party's constitutional rights.
(2) Incapacity. The 3rd party is unable to or discouraged from bring a suit on their own behalf.

10

Standing - Organizations

Organization has standing for its members if:
(1) member standing. Would members have standing if they brought suit as individuals.
(2) Purpose of the association. Does association have a purpose that is related to the interest asserted by the suit? (no constitution loving groups)
(3) Member participation not required. The members must be identically situated with respect to the claim and remedy. Have to all win and get same remedy.

11

Ripeness

You sue too soon. You sue before you have an injury. Fed courts don't give advisory opinions.

12

Mootness

Sued too late. Dispute is over, the injury is gone or the court can no longer fix the injury.
EXCEPTION= cases that could happen over and over again but if you apply mootness doctrine the court will never be able to decide it. e.g. pregnant people.

13

Political Questions

Case where another branch is supposed to be the decider. Two factors:
(1) Textual commitment. The constitution commits the question to another branch. e.g. impeachment.
(2) No standards. The required decision is political, rather than legal in character. The ct hasn't been able to come up with a good test to resolve the question.

14

Abstention

Deference to state courts. Fed ct may abstain if the meaning of a state law or regulation is unclear, they will give the state a chance to interpret the statute. Also, when a state court proceeding is going on, fed ct will abstain from hearing the same matter.

15

Adequate and Independent State Grounds

SCOTUS will not hear a case from a state high court if that decision can be supported on state law grounds.

16

SCOTUS - Original Jurisdiction

1. Foreign diplomats.
2. State vs. state.

17

Congressional Power Over Fed Cts

(1) Lower fed ct. Can limit jrdx however they want.
(2) SCOTUS. Can't limit jrdx.
(3) Congress cannot take an appellate case and make it original jrdx.

18

2 Sources of Law-Based Federal Jurisdiction

1. The constitution and federal laws.
2. Admiralty and maritime cases.