Branches Of Gov Flashcards
What is the original jurisdiction of SCOTUS?
Cases involving ambassadors, ministers, consuls, and cases in which a state is a party.
Can congress expand the Supreme Court’s original jurisdiction?
No
Ripeness
Issues must be fit for judicial review and plaintiff would suffer substantial hardship absent review
When is a case dismissed as moot?
Plaintiff is not suffering from an ongoing injury
Exceptions to mootness:
(1) injury is capable of repetition but evades review; (2) defendant voluntarily stops the act but is free to resume; or (3) in class action suit where the class rep is no longer suffering injury but other class members have viable claims
Standing elements
(1) injury in fact; (2) causation; (3) redressability
What is required for an injury in fact?
Particularized injury and concrete injury (not hypothetical)
Third party standing:
A claimant with standing mar assert rights of third party: it’s difficult for the third party to assert their rights; a special relationship exist
Sovereign immunity
Private party cannot sue a state in federal or state court unless: state waives sovereign immunity or congress has removed sovereign immunity
Political question doctrine
Will not be decided- issues that are constitutionally committed to another branch of government or inherently capable of judicial resolution