Con Law 1 - Judicial Review

Question 1

5 Sources of Party-Based Federal Jurisdiction

Answer 1

1. U.S. Government being sued.
2. State v. State
3. State vs. Other State’s Citizens
4. Citizens from different states with >$75k in controversy
5. Foreign diplomats.

Question 2

11th Amendment

Answer 2

State Sovereign Immunity - Blocks private individual suits against states for monetary damages.

Question 3

State Sovereign Immunity Exceptions (5)

Answer 3

1. Only individuals are blocked, other states and feds can sue states.
2. Only states get protection. You can sue local governments.
3. Only blocks money damages. Can still get injunction.
4. Waiver. State can consent to a suit if it does so clearly.
5. Enforcement powers of congress. 13, 14, and 15th amendments.

Question 4

RAMPS to get into federal court

Answer 4

Ripeness, Abstention, Adequate and Independent State Grounds, Mootness, Political Question, Standing

Question 5

Standing - 3 Components

Answer 5

1. Injury In Fact
2. Causation
3. Redressability

Question 6

Standing - Injury in Fact

Answer 6

Actual or imminent personal injury.
Not injury = legislator that votes against laws, constitution lover, tax payer. (Exception to tax payer is establishment clause laws).

Question 7

Standing - Causation

Answer 7

Defendant caused the injury.

Question 8

Standing - Redressability

Answer 8

Winning the suit would make things better for the plaintiff.

Question 9

Standing - Third Parties

Answer 9

Generally 3rd party doesn’t have standing to assert the rights of someone else. To have it you have to:

(1) Be a special relationship between P and the 3rd party so that interest of P are connected to 3rd party’s constitutional rights.
(2) Incapacity. The 3rd party is unable to or discouraged from bring a suit on their own behalf.

Question 10

Standing - Organizations

Answer 10

Organization has standing for its members if:

(1) member standing. Would members have standing if they brought suit as individuals.
(2) Purpose of the association. Does association have a purpose that is related to the interest asserted by the suit? (no constitution loving groups)
(3) Member participation not required. The members must be identically situated with respect to the claim and remedy. Have to all win and get same remedy.

Question 11

Ripeness

Answer 11

You sue too soon. You sue before you have an injury. Fed courts don’t give advisory opinions.

Question 12

Mootness

Answer 12

Sued too late. Dispute is over, the injury is gone or the court can no longer fix the injury.
EXCEPTION= cases that could happen over and over again but if you apply mootness doctrine the court will never be able to decide it. e.g. pregnant people.

Question 13

Political Questions

Answer 13

Case where another branch is supposed to be the decider. Two factors:

(1) Textual commitment. The constitution commits the question to another branch. e.g. impeachment.
(2) No standards. The required decision is political, rather than legal in character. The ct hasn’t been able to come up with a good test to resolve the question.

Question 14

Abstention

Answer 14

Deference to state courts. Fed ct may abstain if the meaning of a state law or regulation is unclear, they will give the state a chance to interpret the statute. Also, when a state court proceeding is going on, fed ct will abstain from hearing the same matter.

Question 15

Adequate and Independent State Grounds

Answer 15

SCOTUS will not hear a case from a state high court if that decision can be supported on state law grounds.

Question 16

SCOTUS - Original Jurisdiction

Answer 16

1. Foreign diplomats.

2. State vs. state.

Question 17

Congressional Power Over Fed Cts

Answer 17

(1) Lower fed ct. Can limit jrdx however they want.
(2) SCOTUS. Can’t limit jrdx.
(3) Congress cannot take an appellate case and make it original jrdx.

Question 18

2 Sources of Law-Based Federal Jurisdiction

Answer 18

1. The constitution and federal laws.

2. Admiralty and maritime cases.