90- 105

Question 1

What does constitution give Congress the power to do to SCOTUS jurisdiction?

Answer 1

To make exceptions to appelage jurisdiction
such as
1) strip SCOTUS review power over certain subject matters

Question 2

What does the 11th ammend. bar against?

Answer 2

1) suits against states
2) brought by citizens
3) w/o states consent

Question 3

What does 11th ammend not bar against?

Answer 3

1) US
2) bringing suit
3) against a state

Question 4

When can SCOTUS not review a judgement by the highest court of a state?

Answer 4

If judgement is supported state law grounds that are
1) independent of federal law
AND
2) adequate to sustain the result in the case

Question 5

When does SCOTUS have FQ juris?

Answer 5

If it arises under a treaty, fed law, constitution etc

Question 6

What power does the exceptions clause of article III not limit?

Answer 6

Congress power to strip scotus of app jurisdiction

Question 7

What is a habeus corpus petition?

Answer 7

A civil suit for the release of a prisoner unlawfully imprisoned

Question 8

What kind of claims can state courts not discriminate against?

Answer 8

Federal claims.

Question 9

What can Congress not add to?

Answer 9

The court’s original jurisdiction

Question 10

What does article I of the constitution give Congress?

Answer 10

THe power to
1) make rules for
2) the government
3) and regulation of
4) the land and naval forces

Question 11

What does it mean that a case is ripe?

Answer 11

1) the facts of the case
2) have matured into
3) an existing substantial controversy
4) warranting judicial intervention

Question 12

When is a suit not ripe?

Answer 12

If the injury has not yet occurred or the harm is speculative
2) where issues for record are not fully developed (declaratoy judgement/pre-enforcement injunction against a regulation or law)

Question 13

What is Insufficent for ripeness?

Answer 13

A generalized freivience based on speculative harm

Question 14

When is a case moot?

Answer 14

1) if the only relief sought
2) is no longer available

Question 15

When is capable of repetition yet evading review applicable?

Answer 15

In situations
2) where litigation is unlikely
3) to be completed
4) because of short term nature of issue

Question 16

When is ripeness determined?

Answer 16

When a suit is filed.

Question 17

If a case is not ripe, what terms does it fail in Art III section 2?

Answer 17

It’s not a case or controversy.

Question 19

What must a state satisfy in strict scrutiny?

Answer 19

An action is Narrowly tailored
2) and Necessary
3) to serve a compelling state interest

Question 20

What does the political question doctrine insulate?

Answer 20

Certain constitutional questions
2) the Constituion has committed
3) to legislaive/Executive branch

Question 21

What types of suits does the 11th amend not bar for citizens?

Answer 21

1) suits against state officers
2) for injunctive relief

Question 22

When determining independent/adequate state law grounds of decision vs. federal court reviewal jurisdiction, what’s a good question to ask?

Answer 22

If the federal court overturns the federal basis in the case
2) but the state law basis will still stand
3) will anything change?

Question 23

What must be true for SCOTUS to review a state court decision?

Answer 23

There must not be an independent and adeuate
2) state law ground for the deicision

Question 24

Answer 24

read dis