Judicial Power Flashcards
Article 3
Article 3 requires the establishment of a supreme court & permits Congress to create other federal courts and place limitations on jurisdiction.
Article 3, section 2 lays out the jx of federal courts as limited to cases or controversies including cases and controversies arising:
1) under the constitution,
2) where the US is a party,
3) between two or more states,
4) between citizens of different states, and
5) between foreign states.
11th amendment limitations
The 11th amendment bars, citizens from suing a state in federal court.
It’s in United States from Suits in federal court for money, damages or equitable relief, sovereign immunity also bar citizens from stealing from suing their own state.
Exceptions to the 11th amendment include consent, injunctive or declaratory, relief, damages, paid by state officer, and congressional enforcement of 13 14, and 15 amendment rights.
Jurisdiction of the supreme court
The supreme court has appellate jurisdiction by certiorari, which is discretionary and direct appeal, which is mandatory.
Adequate and independent state grounds
A final state courts judgment resting on adequate and independent state grounds is not renewable by the supreme court. If a state court decision is unclear as to the basis of the decision (whether on state or federal constitution) the supreme court may review the federal issue.
If the Supreme Court agrees with the state courts decision of federal law it affirms the decision.
If it disagrees with the state courts understanding of the federal issue, it will remand case to state court, so that the state court can reconsider state law.
Plaintiff standing
In order to have standing a plaintiff must establish injury, in fact, causation, and re-dress ability.
Injury in fact, is a concrete and particular eyes injury. It does not need to be physical or economic; future injury must be actual or eminent.
The plaintive can show causation by showing an injury, caused by the defendants in violation of a constitutional or other federal right
Redress ability refers to the likeliness that the relief requested will prevent or readdress the injury
Note that a plaintiff must have standing for the kind of relief they seek, for example, seeking an injunction for a party, who was granted a license, will not get you your own license.
Taxpayer status
Tax payers do not have standing to challenge government allocation of funds, but a tax payer does have standing to: litigate how much is owed on their tax bill and challenged government expenditures as violating the establishment clause.
Third-party standing
Third parties generally have no standing to bring the lawsuit based on the claims of a third-party, except one:
When the third-party is unable to assert his own rights
If there is a special relationship between the plaintive and third-party; or
If plaintiffs injury, adversely affects plaintiffs relationship with a third-party
Organizational standing
An organization, consumer on its own behalf, or on the half of its members, if:
It’s members would have standings of suit in their own right; &
The interest at stake are germane to the organizations purpose.
Timeliness
Ripeness refers to a plaintiff, having experienced a real or eminent injury.
Mootness refers to the need for a live controversy at each stage of review, an action brought too late is moot; a case is not a moot, if :
Controversy is capable of repetition, but is evading review Defendant voluntarily ceases it’s illegal or wrongful action Collateral legal consequences can be imposed based on the challenged conviction Named plaintiffs clean in a class action suit is resolved
Justiciability
Advisory opinions are not permitted because an actual case or controversy must exist
Declaratory judgment, are not prohibited, but the challenged action must pose real an immediate danger to a party’s interest
Political questions are not subject to judicial review when 1) the constitution has a signed decision, making on the subject to a different branch of government; or 2) the matter is inherently, not won the judiciary can decide
