Judicial Power Flashcards
Scope of Judicial Power
limited to case or controversies
ex: arising under the constitution, when US is party, between two or more states , between citizens of different states or between states and its citizens
What is the source of judicial power?
Article III
What is the Jurisdiction of the court/
original & appellate
When is Adq. & Independent State Grounds apply?
must come up in Supreme court & reviewing state court judgement
What is the scope of AISG?
Supreme court can reveiw state court judgement only if it turned on federal grounds. If adq. & independent state grounds they have no jurisdddiction
What is the requirement for Adq.
state ground must control the decision no matter how a federal issue is decided. AISG show sup when the federal claimant wins anyway under state law
What is the requirement for independent
the state law does not rely on an interpretation of federal law
What is the requirement for standing
p must show
injury in fact
causation
redressability
prudential standing
What are the different types of standing & their applicability
taxpayer: cant sue for governments allocation of funds
third party: cant sue unless 3rd party cant assert their own rights, special relationship between P and 3rd party, P injury adversly affects the 3rd party
organizational standing: allowed if member has their own standing, interest affect orgs purpose
What are timeliness requirements?
Ripeness: experience real injury or imminent threat
Mootness: live controversy at each state of review. Not moot if controversy is capable of repetition, d voluntarily ceases illegal action before litigation, collateral legal consequences
What is the exception to tax payer standing?
an establishment clause challenge to a specfic congressional funds may be challenged
What are limitations on justiciability
advisory opinions
declaratory judgements
political questions
What is the limitation for advisory opinions
federal courts can give advisory opinions on legislation
* tested when proposed legislation is an issue
What is the younger abtension doctrine & how is it applied?
applies when declaratory judgements or injunction relief sought in court
requires abstention if relief interferes with pending proceeding that involves important state interest & provides adq. opportunity to litigate
When must a judge recuse themself from issue?
Under 14th amendment if the judge has direct, personal, substantial pecunairy interest or serious objective risk of actual bias
