Judicial Power Flashcards
(26 cards)
What is the source of the judicial power?
Article 3 requires the establishment of a Supreme Court and permits Congress to create other federal courts and place limitations on the jurisdiction.
What is the scope of the judicial power limited to?
Limited to cases and controversies
-> arising under the Constitution, laws, and treaties of the United States
-> when the United States is a party
-> between two or more states, or between a state and citizens of another state
-> between citizens of different states or between citizens of the same state claiming lands under grants of different states
OR
-> between a state, or its citizens, and foreign states, citizens, or subjects
What does the judiciary have the power to review even though it’s not enumerated in the Constitution?
The juridically has the power to review
-> another branch’s act and declare it unconstitutional
-> the constitutionality of a decision by a state’s highest court
AND
-> state actions under the Supremacy Clause to ensure conformity with the Constitution
What are the exceptions to the 11th Amendment limitation?
The exceptions are:
-> consent by parties
-> injunctive or declaratory relief against a state official
-> damages to be paid by state officer and not the state itself
-> Congressional abrogates state immunity through enforcement of 13th, 14th, and 15th Amendment rights
-> structural waivers in the original constitution
Which amendment provides limitations to the judiciary?
What limitations does it state on the judiciary?
The 11th Amendment.
Limitations:
-> jurisdictional bar prohibiting citizens of one state from suing another state IN federal court, which immunizes states (BUT NOT local governments) from suits in federal court for money damages or equitable relief
-> sovereign immunity also bars citizens from suing their own state without the state’s consent in that state’s courts, courts of other states, or federal court
-> bars suits in federal court against state officials for violating state law
What does the Supreme Court have original jurisdiction over?
All cases affecting ambassadors, other public ministers and consuls and those in which a State shall be a party.
Can Congress expand or limit the Supreme Court’s original jurisdiction?
No.
How does the Supreme Court have appellate jurisdiction over something?
By certiorari (discretionary) and direct appeal (mandatory)
What kind of state ruling does the Supreme Court not have appellate jurisdiction over?
A final state-court judgment resting upon adequate and independent state grounds is not reviewable by Supreme Court.
What must the plaintiff establish to have standing in a federal court?
Plaintiff must establish
-> Injury in fact
-> causation
-> redressability
-> “prudential standing”
How does injury in fact work for P’s standing?
Injury must be:
-> concrete and particularized
Injury need not be physical or economic
Future injury must be actual or imminent
How does causation work for P’s standing?
Injury caused by the D’s violation of a constitutional or federal right
How does redressability work for P’s standing?
Relief requested must be likely to prevent or redress the injury.
What is “prudent standing”?
P is a proper party to invoke judicial resolution of the dispute
What doesn’t a taxpayer have standing over and what do they have standing over?
Doesn’t have standing to
-> challenge government allocation of funds
Does have standing to:
-> litigate how much is owed on her tax bill
AND
-> challenge government expenditures as violating the Establishment Clause
Does a P have standing to bring a lawsuits based on the claims of a third-party?
Are there exceptions?
Generally not standing to bring a lawsuit based on the claims of a third-party.
Exceptions:
-> when there is a special relationship between P and the third party
-> when the third party is unable to assert his own rights
OR
-> when there is a risk that disallowing third party standing will dilute the third party’s rights
When does an organization have standing?
An organization can sue on its own behalf or on behalf of its members IF:
-> its members would have standing to sue in their own right
AND
-> the interests at stake are germane to the organization’s purpose
What does Section 1983 do?
Section 1983 does not provide any substantive rights.
It provides a method to enforce substantive rights granted by the Constitution and other federal laws.
What are the two requirements of a Section 1983 claim?
Proper Ds
-> individual government employees at any level of government, in their individual capacities; includes municipalities and local governments
Color of state law
-> P must show that the alleged deprivation of a federally secured right was committed by a person acting “under color of state law”
What does “under color of state law” mean?
It means the D excised power “possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.”
Functionally identical to the “state action” prerequisite to trigger constitutional liability.
What does it mean for an action to be “timely”?
The action must be ripe and cannot be moot.
What is “ripeness”?
P must have experienced a real injury (or imminent threat thereof); an action Brough too soon is “unripe”
What is “mootness”?
The action must a be alive controversy at each stage of review; an action brought too late is “moot.”
When is a case not considered moot despite the definition of “mootness”?
A case is NOT moot if:
-> controversy is “capable of repetition” but is “evading review,” meaning that it will not last long enough to work through the judicial system
-> D voluntarily ceases its illegal or wrongful action upon commencement of litigation
-> Collateral legal consequences can be imposed based on the challenged conviction
-> Named P’s claim in a class action suit is resolved meaning their action is moot, does not mean that such a fact does not renders the entire class action moot
