(14) Constitutional Law: Judicial Review

Question 1

Article III Section 2 of the US Constitution

Federal Court Jurisdiction (based on Law)

Answer 1

Federal courts may hear cases or controversies (a) arising under the US constitution; (b) Federal law; (c) treaties of the US; (d) involving maritime jurisdiction.

Question 2

Article III Section 2 of the US Constitution

Federal Court Jurisdiction (based on Parties)

Answer 2

Federal courts may hear cases or controversies (a) affecting foreign countries public officials; (b) when the US is a party; (c) between 2 or more states; (d) between a state and a citizen of another state; (e) between citizens of different states or citizens of the same state claiming lands of a different state; or (f) between a state (or its citizens) and a foreign state (or its citizens).

Question 3

11th Amendment: State Sovereign Immunity

Answer 3

The 11th amendment prohibits a party from suing for monetary damages (a) a state or state agency; or (b) a state official for violating a state law in federal court.

Question 4

Exceptions to 11th Amendment State Sovereign Immunity

Overview

Answer 4

Exceptions:
a. Consent
b. Injunctive Relief against a state official
c. Monetary Damages from a state official
d. Congressional Authorization
e. Lawsuits against local governments (i.e., cities, towns, counties), bankruptcy proceedings

Question 5

Exceptions to 11th Amendment State Sovereign Immunity

Consent

Answer 5

The state explicitly consent to waive its 11th amendment protections.

Question 6

Exceptions to 11th Amendment State Sovereign Immunity

Injunctive Relief

Answer 6

The suit only seeks injunctive relief against a state official for violations of the constitution or federal law.

Question 7

Exceptions to 11th Amendment State Sovereign Immunity

Monetary Damages

Answer 7

The suit seeks money damages from a state official.

Question 8

Exceptions to 11th Amendment State Sovereign Immunity

Congressional Authorization

Answer 8

The suit is trying to enforce rights created by the remedial provision of the 13th, 14th or 15th amendment and does so expressly.

Question 9

What to analyze

Case or Controvery

Overview - SAMARAPI (A good Samarapi instead of samaritan)

Answer 9

1) Standing
2) Ripeness
3) Mootness
4) Advisory Opinions
4) Political Questions
5) Abstention
6) Adequate and Independent State Grounds (applies to Supreme Court only)
7) Incorporation Doctrine

Question 10

Case or Controvery

Individual Standing

Standing

Answer 10

Article III of the Constitution limits federal courts to deciding actual cases or controversies. Therefore, a P must have standing to sue in federal court. Standing exists when the P establishes (1) injury in fact (personally suffered a concrete and particularized injury); (2) Causation (injury was caused by the D’s violation of the constitution or a federal right); AND (3) the injury is redressable by a court order.

Question 11

How does a P show individual standing when seeking injunctive relief or declaratory relief?

Case or Controversy - Standing

Answer 11

When a P is seeking injunctive or declaratory relief, they must show that there is a concrete, imminent threat of future injury that is neither conjectural nor speculative.

Question 12

3rd Party Standing

Case or Controvery - Standing

Answer 12

There is generally no 3rd party standing however an exception is made when: (a) there is a special relationship between the P and the 3rd party (i.e., dr/patient); (b) it would be difficult or the 3rd party would be unable to assert their own rights; OR (c) P suffers an injury and it adversely affects the P’s relationship with a 3rd party (organizational standing).

Question 13

Do parents have a right to bring an action on behalf of their minor children?

Case or Controvery - 3rd Party Standing

Answer 13

YES

Question 14

Organizational Standing

Case or Controvery - Standing

Answer 14

An organization may bring an action if it has suffered an injury.

An organization may also bring an action on behalf of its members if (1) the suit is related to an issue that is genuine to the organizations purpose; (2) the organizations members would have standing to sue; AND (3) neither the claim asserted nor the relief requested requires individual members participation.
*(3) Argue that everyone would benefit or that the organization has more resources.

Question 15

Ripeness

Case or Controversy

Answer 15

A federal court will not hear a case until it is ready for litigation. A claim is ripe if a P experienced a real injury or imminent threat.

Question 16

If the law being challenged is not yet enforced, is it ripe?

Case or Controversy - Ripeness

Answer 16

NO, If the law being challenged is not yet enforced then the claim is not ripe.

Question 17

Mootness

Case or Controversy

Answer 17

A live controversy must exist at each stage of review, not just when the complaint is filed, unless (a) the wrong alleged is capable of being repeated and escaping review; (b) the D voluntarily stops the offending act but can start at any time; OR (c) Class action where at least one member of the class has an ongoing injury.

Question 18

Advisory Opinions

Case or Controversy

Answer 18

A federal court cannot give advisory opinions or address hypothetical disputes.

[Note: Fact patterns involving a request for declaratory judgement are likely testing advisory opinion prohibition. – Keep in mind there must be a real and immediate danger to a party’s interest for there to be an actual dispute.]

Question 19

Political Question

Case or Controversy

Answer 19

A federal court will not rule on a matter if it involves a political question to be resolved by one or both of the other two branches of government.

Question 20

Abstention

Case or Controversy

Answer 20

A federal court may abstain from deciding a claim when strong state interests are at stake.

aka: undecided state law issues

Question 21

Government Action / State Action

Case or Controversy

Answer 21

P must show that the violation is attributable to government action which applies to all levels of local, state and federal government.

Question 22

State Action for Private Conduct Rule

Case or Controversy

Answer 22

Courts will find state action for private conduct when the conduct involves either (a) a traditional public function – powers traditionally and exclusively reserved to the government; OR (b) when significant government involvement exists to affirmatively authorize, encourage, or facilitate private conduct that is unconstitutional.

Question 23

What is an example of a traditional public function?

Answer 23

This includes holding elections and a corporation operating typical government services (utility providers do not count).

Question 24

Is a private school or college a state action when funded primarily with government funds?

Answer 24

NO, running a private school or college is not a state action even when said school is funded primarily by government funds.

Question 25

Incorporation Doctrine

Case or Controversy

Answer 25

The incorporation doctrine makes most of the Amendments of the Bill of Rights applicable to the states. The only Amendments that are not incorporated are the 3rd (freedom from quartering soldiers), 5th (right to indictment by a grand jury); and 7th (right to a jury trial in civil cases).
*The 14th Amendment (equal protection) is incorporated into the 5th amendment making it applicable to the federal government.

Question 26

13th Amendment Standing

Answer 26

The 13th amendment prohibits involuntary servitude for both government and private actors.

Question 27

Who does this apply to?

Adequate and Independent State Grounds

Case or Controversy

Answer 27

This only applies to the Supreme Court

Question 28

Adequate and Independent State Grounds

Case or Controversy

Answer 28

Supreme court will not have jurisdiction if State Court judgement can be supported on an adequate and independent state ground.