Federal Judicial Power

Question 1

Standing definition

Answer 1

the issue of whether the plaintiff is the proper party to bring a matter to the court for adjudication.

Question 2

Standing elements

Answer 2

1. Injury
2. Causation
3. Redressability

Question 3

Injury element of standing requires

Answer 3

P must allege and prove she personally suffered:

1. Actual injury OR
2. Imminently will be injured

Question 4

Plaintiffs seeking injunctive or declaratory relief must show

Answer 4

likelihood of future harm

Question 5

Causation element of standing requires

Answer 5

P must allege and prove that D caused the injury

Question 6

Redressability element of standing requires

Answer 6

P must allege and prove that a favorable court decision is likely to remedy the injury

Question 7

Rule on third-party standing

Answer 7

P cannot assert claims of third parties not before the court.

Exceptions:
1. Close relationship between P and injured 3P

2. Injured 3P is unlikely to be able to assert own rights
3. Organization may sue for members if: (a) members have standing to sue, (b) interests are germane to org. purpose, and (c) neither claim/relief requires individual member participation

Question 8

Standing rule on general grievances

Answer 8

No generalized grievances - P can’t sue as a citizen/taxpayer interested in having the government follow the law

Question 9

Taxpayer exceptions to no generalized grievances rule

Answer 9

Taxpayers have standing to:

1) Establishment Clause challenge of government expenditures pursuant to federal/state/local statutes

2) Challenge their tax bill

Question 10

Ripeness definition

Answer 10

whether a federal court may grant pre-enforcement review of a statute or regulation

Question 11

When considering ripeness, court considers:

Answer 11

1. HARDSHIP suffered without pre-enforcement review
2. FITNESS of issues and the record for judicial review (does court have all it needs to decide the issue?)

Question 12

Mootness definition

Answer 12

If events after the filing of a lawsuit end the plaintiff’s injury, the case must be dismissed as moot.

Question 13

Exceptions to mootness

Answer 13

1. Wrongs capable of repetition, but evading review
2. D voluntary cessation of offending conduct
3. Class action - named P’s claim becomes moot but any other member has ongoing injury

Question 14

Political Question Doctrine

Answer 14

Federal courts will NOT adjudicate constitutional violations based on political questions such as:

1. “Republican Form of Government” Clause”
2. President’s conduct of foreign policy
3. impeachment and removal process
4. partisan gerrymandering

Question 15

SCOTUS holding on Political Question Doctrine

Answer 15

SCOTUS says challenging the validity of a federal statute should NOT be dismissed as PQ - even if case involves dispute between branches of federal government regarding foreign affairs.

Question 16

Advisory opinions and federal courts

Answer 16

Article III bars a federal court from issuing advisory opinions

Question 17

SCOTUS has appellate jurisdiction in:

Answer 17

all cases to which federal power extends, subject to congressional exceptions and regulations

Question 18

Ways a case can come to SCOTUS

Answer 18

1. Writ of Certiorari
2. Appeal

Question 19

Most cases come to SCOTUS by

Answer 19

Writ of Certiorari

Question 20

Cases that come to SCOTUS by writ of certiorari are:

Answer 20

1) State court case deciding constitutional issue AND

2) All cases from federal courts of appeals

Question 21

Cases by writ of certiorari - must SCOTUS hear?

Answer 21

SCOTUS has complete discretion to hear

Question 22

Cases by appeal - must SCOTUS hear?

Answer 22

SCOTUS must hear

Question 23

Cases that come to SCOTUS by appeal are:

Answer 23

confined to decisions by three-judge federal district court panels that grant or deny injunctive relief.

Question 24

cases where a party (or both parties) is a state: who has jurisdiction?

Answer 24

SCOTUS has original and EXCLUSIVE jurisdiction

Question 25

cases affecting ambassadors, public ministers, and consuls: who has jurisdiction?

Answer 25

SCOTUS has original jurisdiction, but Congress has given concurrent jurisdiction to lower federal courts

Question 26

final judgment rule

Answer 26

SCOTUS may only hear cases after there has been a final judgment from the highest state court, federal court of appeal, or 3-judge federal district court.

Question 27

The Supreme Court will review a state court decision only if:

Answer 27

the decision is NOT supported by a state law ground that is: 1. independent (not based on federal case interpretations of identical federal provisions) AND 2. adequate (decision rests on state law)

Question 28

Power of judicial review

Answer 28

Supreme Court may review: 1. constitutionality of acts of other branches of the federal government AND 2. state acts pursuant to the Supremacy Clause.

Question 29

11th amendment

Answer 29

bars suits against states in federal court

Question 30

Sovereign immunity

Answer 30

bars suits against states in state courts or federal agencies

Question 31

sovereign immunity exceptions - when states may be sued

Answer 31

1. express waiver by state 2. pursuant to federal laws adopted under §5 of 14th Amendment 3. federal gov. can sue state gov. 4. states can sue state govs 5. bankruptcy proceedings 6. pursuant to federal laws adopted based on Congress’s power to raise an army and a navy 7. against state officers for: (a) injunctive relief or (b) non-retroactive damages

Question 32

actions against local governments

Answer 32

Local govs are not protected by sovereign immunity

Question 33

Abstention

Answer 33

Federal courts may not enjoin pending state court proceedings.