Federal Judicial Power Flashcards
(22 cards)
Source
Article III
What, when, and who
What: No advisory opinions
When: Ripeness and mootness
Who: Standing
What an advisory opinion lacks (2)
Lacks actual dispute between parties or legally binding effect on parties
Ripeness
too early
Ripeness of pre-enforcement review of laws (2 exceptions)
Not ripe, unless substantial hardship without review and legal issue fit for review (no factual dispute)
What is a pre-enforcement review of law?
Declaratory judgment action
Mootness
too late (so not a live controversy)
Live controversy (2 types)
Injunctive or declaratory relief - law or conduct continues to injure
Damages - P not made whole
Mootness exceptions (3)
Injury can repeat but evades review because of limited duration
D voluntarily ceases challenged activity but may restart at will
1 P suffers ongoing injury in class action
Standing requirements (3)
Injury
Causation
Redressability
Standing requirement: Injury
concrete and particularized harm
Exceptions to injury requirement for taxpayers (2)
own tax liability or legislative spending in violation of Establishment Clause
Standing for third parties (when permitted, 3 exceptions)
Third-party standing not permitted, unless close relationship, organization on behalf of members, or free speech overbreadth
Close relationship third party standing exception (3 requirements)
Both injured and 3P unable/unlikely to sue, with P adequately representing 3P
Organization third party standing exception (3 requirements)
Organization and members have standing, members’ injury related to purpose of organization, and members’ participation not required
Free speech overbreadth third party standing exception (2 requirements)
Party whose speech can be censored sues on behalf of those whose speech cannot, not applicable to commercial speech
Standing requirement: Causation
P’s injury is fairly traceable to D
Standing requirement: Redressability
Favorable court decision can remedy harm to P
Sovereign immunity
Cannot sue states, but can sue state officers for injunctive relief and money damages from own pocket
Exceptions to sovereign immunity (4)
Waived
P is state or federal government
Bankruptcy
Clear abrogation by Congress to prevent discrimination
Final judgment rule
Supreme Court can hear a case only after a final judgment from the highest state court capable of rendering a decision, a federal court of appeals, or a three-judge district court
Independent and adequate state ground
Supreme Court cannot hear a case if IASG
