Judicial Review Flashcards
(13 cards)
Judicial Review
Division of Federal Courts
Article III Courts
Created by Constitution
Judges appointed for life
Judges salaries guaranteed
Ex. Supreme Court
U.S. Courts of Appeals
U.S. District Court
Judicial Review
Division of Federal Courts
Article I Courts
Created by Congress
Congress choose length Judges
Judges salaries not guaranteed
Ex Bankruptcy Courts
Ex Immigration Courts
Judicial Review
Limitation on Jurisdiction
Article III limits jurisdiction federal courts to causes and controversies
1. Arising under the constitution federal laws or treaties
State A Country B
2. Between 2 or more states
State A State B
3. Between citizens different states
4. Between state and citizens for states
State A Country B
5. Admiral and Maritime Cases
6. Cases where United States is a party
Standing Requirements
- Injury must be actual, imminent not hypothetical
- Injury must be fairly traceable to defendants actions
- Favorable decision would eliminate the harm or remedy the harm
Judicial Review
Organizational Standing Requirements
- Member or members have standing
- Members injury is related to the organization purpose
- Members are not required to participate inn lawsuit
Judicial Review
Third Party Standing Requirements
- A special relationship
- The third party does not want to or cannot raise his own rights
Judicial Review
Mootness
A case should not be decided once it is most because it is most because there is no case or controversy.
Refers to a situation where a court case is no longer relevant because issues presented have become outdated or parties no longer have legitimate stake inn the outcome
Judicial Review
Class Actions
A case is not moot when it is brought as a class action and at least one member of the class is still affected
Judicial Review
Supreme Court Review of Fed Decisions Made by State Courts Supreme Court can review a Federal decision made by a State Court if:
1. It invades a matter of federal law
2. It is a fine judgment
3. From highest court authorized to hear the case
4. There are no adequate and independent state grounds on which the decision is based
Judicial Review
Political Question Doctrine
Federal Courts do not decide Political Quest
- Seating of delegates at a national political convention
- Challenges to impeachment and removal procedure
- Republican from office government clause issues
- The election and qualification of Congress
- Procedures to amend the Constitution
- Military or foreign decisions by the government
Judicial Review
Supreme Court Jurisdiction
Original jurisdiction
Cases involving APS:
1. Ambassadors
2. Public Ministers
3. Consuls or where the state is a paery
Judicial Review
How Congress Passes Laws
Bicameralism
Majority vote in both houses
Presentment
1. Presented to President to sign or veto
2. 2/3 vote in each house of Congress can override President veto
Congressional Powers
