Judicial Review

Question 1

Article III Cases (Original vs. Appellate)

Answer 1

Congress can only touch Appellate JDX

Original Jdx –> Case goes directly to SCOTUS; Congress cannot “enlarge or restrict”

Appellate –> Case appealed up to SCOTUS; Congress MAY regulate jdx

Question 2

SCOTUS vs. Lower Courts

Answer 2

Congress & SCOTUS: Congress CANNOT tell SCOTUS what to do

Congress & Lower Courts: Congress CAN establish lower courts & jdx

Question 3

Case and Controversy (Mootness, Ripeness, Standing, Case or Controversy)

Answer 3

HYPO: “Congress is considering passing a law”

Moot –> resolved

Ripe –> not ready to be brought (law hasn’t been passed yet; Congress is ABOUT to pass law)

Standing –> P must have a personal injury at stake

Case or Controversy (synonym for mootness, ripeness, or standing) -> must be an actual dispute

Question 4

Independent & Adequate State Grounds

Answer 4

HYPO: State Supreme Court holds something validly. Can SCOTUS hear? NO.

HYPO: Was it decided on adequate and independent state grounds? If the facts indicate so, yeah, it was. (“no federal issue remains”) VS (“there’s still an equal protection issue”)

A case resolved on independent & adequate state grounds WILL NOT GO TO SCOTUS

Question 5

Political Questions/Justiciability

Answer 5

Federal Courts will not hear cases regarding legislative or executive power (non-racial gerrymandering)

Question 6

Eleventh Amendment

Answer 6

***Read the whole hypo: look for “state made a law allowing it to be sued” or “city is being sued” – no longer an eleventh amendment problem

Citizens of one state CANNOT sue their own state or another state

UNLESS (EXCEPTION)
State Consents
Gov’t official
Municipalities