Judicial Review and Jurisdiction

Question 1

What is judicial Review

Answer 1

Judicial branch has the final authority to interpret the Constitution and to declare acts of congress unconstitutional.

Question 2

When can federal courts exercise judicial review

Answer 2

Federal Courts may conduct judicial review if they have jurisdiction or authority over a justiciable claim.

Question 3

What is judicial review necessary for

Answer 3

i. Review Laws
ii. Determine whether they are consistent with the constitution
iii. Render unconstitutional laws unenforceable.

Question 4

What are sources of federal authority

Answer 4

A3 S1: “The Judicial power of the U.S. shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish.”

Question 5

What is the difference between Original and Appellate Jurisdiction according to the document?

Answer 5

Original jurisdiction applies to cases involving Ambassadors, public Ministers, Consuls, and where a states is a party; Appellate jurisdiction covers all other cases and can be limited by Congress through the Exceptions Clause.

Question 6

What does it mean for the USSC to have original jurisdiction?

Answer 6

• party can commence litigation in first instance
  USSC acts as the trial court

Question 7

What does it mean for the USSC to have appellate jurisdiction?

Answer 7

• Court of last resort for cases regarding constitutional question and federal law
• this is broad

Question 8

How can Congress limit USSC’s appellate jurisdiction under the Exceptions clause?

Answer 8

• C can remove categories of cases from appellate review
• C cannot expand or contract the court’s original jurx

Question 9

What is the cases or controversies requirement?

Answer 9

A3 S2 limits the power of the judicial branch to actual cases or controversies.
Requires: constitutional and prudential standing.

Question 10

What is required for Constitutional Standing under the Lujan Test?

Answer 10

• injury in fact (actual, imminent, concrete, particularized)
• causation (injury traceable to defendant), and
• redressability (injury can be redressed by favorable court decision).

Question 11

What is an injury in fact under the Lujan test

Answer 11

• An invasion of a legally-protected interest that is
• Actual, imminent rather than speculative or conjectural

Question 12

How does the Court determine if an injury was caused by the defendant

Answer 12

• There must be a causal connection between the injury and the conduct complained of
• The plaintiff’s injury must be “fairly traceable” to the defendant’s challenged conduct
• Shouldn’t be the result of some independent action of some third party not before the court

Question 13

When is an injury redressible by the court

Answer 13

When it is likely (not speculative) that the plaintiff’s injury must be redressible by a favorable judgment

Question 14

What is required under the cases and controversies requirement?

Answer 14

• Constitutional Standing
• Prudential standing
• Ripeness
• Mootness
• Not an advisory opinion

Question 15

What is required for constitutional standing for organizations?

Answer 15

• Individual member would have constitutional standing to sue on their own
• Interests sought to be protected are germane to the organization’s purpose
• Lawsuit does not require the participation of individual members to assess individual damages

Question 16

What are three key limits to prudential standing

Answer 16

• no third party standing (with exceptions)
• no generalized grievances
• must be within zone of interest

Question 17

A plaintiff generally lacks standing to assert the rights of a third party unless:

Answer 17

• Close relationship between the Plaintiff and the third party
• 3rd party’s rights are inextricably bound with the plaintiff’s activities
• Genuine obstacles to the third party asserting their own rights

Question 18

What is the prohibition against generalized grievances?

Answer 18

• You cannot sue just because you are a citizen or tax payer who dislikes a law
• Must show a personalized injury

Question 19

What is the Mootness Doctrine and when does it apply?

Answer 19

Mootness requires dismissal if a favorable court decision would no longer affect the plaintiff; applies at trial and appellate levels.

Question 20

What is the zone of interest test

Answer 20

• Even with A3 standing, you must show that your injury is within the zone of interest that a law or constitution was meant to protect

Question 21

What is the Adequate and Independent State Grounds doctrine

Answer 21

• USSC lacks jurx to review state court decision if the judgment is adequately supported by a state-law ground that is independent of federal law.

Question 22

What is the Political Question Doctrine according to Baker v. Carr?

Answer 22

It prevents courts from deciding issues committed to other branches or lacking judicial standards, based on six factors.

Question 23

What are the first 3 factors under Baker v. Carr?

Answer 23

1. A textually demonstrable constitutional commitment of the issue to a coordinate political department/specific branch;
2. • or a lack of judicially discoverable and manageable standards for resolving it;
3. If the court has no standards, would they have to resort to policy judgments? Is a policy decision required?

Question 24

Can federal courts issue advisory opinions

Answer 24

Federal courts cannot issue advisory opinions; they require a concrete dispute to render decisions.