1) Federal Judicial Power

Question 1

Article 3 of the constitution dictates that complaint must be justiciable. What is standing?

Answer 1

Standing is where you must show actual harm or threat of immediate harm.

Question 2

What are the 4 elements of standing?

Answer 2

1. Injury or imminent injury.
2. Causation and redressability. Prove D caused harm.
3. No third-party standing
   (a) except close relationship (patient/doctor, parent/child)
   (b) except injured party unlikely to assert own rights (criminal defendant and jurors)
   (c) except organization for members if members would have standing, interests germane to organization’s purpose, and neither claim nor relief requires participation of members
4. No generalized grievances ie ‘as citizen and taxpayer i challenge’

Question 3

How can taxpayers challenge government expenditure?

Answer 3

Pursuant to federal state statutes as violating establishment clause.

Question 4

Still on the issue of justiciability, what is the question of ripeness?

Answer 4

Whether a federal court may grant pre-enforcement review of a statute or regulation

Question 5

How do we answer that question of ripeness?

Answer 5

1) Look at whether hardship will be suffered without pre-enforcement review; and
2) Look to fitness of issue and records for judicial review.

Question 6

When might a case be dismissed because it is moot?

Answer 6

If events after filing of lawsuit end P’s injury, case must be dismissed as moot because P must present a live controversy

EXCEPT:

1. Wrong capable of repetition but evades review because short time duration
2. Voluntary cessation (eg, racially discriminatory hiring test)
3. Class action suits (at least 1 class member must have injury ongoing)

Question 7

What types of political questions will the the federal court refuse to adjudicate?

Answer 7

1. Republican form of government
2. Challenges to president’s conduct of foreign policy
3. Challenges to impeachment/removal process
4. Challenges to partisan gerrymandering

Question 8

When may SCOTUS hear a case?

Answer 8

SCOTUS may hear cases only after final judgment of highest state court, or of US Court of Appeals, or of three-judge federal district court

Question 9

What type of jurisdiction does SCOTUS have?

Answer 9

SCOTUS has original and exclusive jurisdiction for state/state disputes.

Question 10

When can SCOTUS review a state court decision?

Answer 10

1. Only if there is no adequate and independent state law ground of decision
2. If decision rests on two grounds, one federal and one state, if SCOTUS reversal of federal law ground will not change result, SCOTUS cannot hear it

Question 11

What is sovereign immunity?

Answer 11

1. Federal and state courts cannot hear suits against state governments
2. 11th Amend. bars suits against states in federal courts
3. Bars suits against states in state courts or federal agencies, even on federal law claims

Question 12

What are the exceptions to sovereign immunity?

Answer 12

1. Waiver (state expressly consents)
2. States may be sued pursuant to federal laws adopted under Section V of 14th Amend.
3. Federal government may sue state governments
4. Bankruptcy proceedings

Question 13

Can you have a suit against a state officer?

Answer 13

Yes they are allowed. Can get injunctions, money damages BUT cannot be sued if state treasury to be paying damages.

Question 14

What is abstention?

Answer 14

Federal courts may not enjoin pending state court proceedings