Con Law _ Judicial Review Flashcards
Original Jurisdiction
ARTICLE III CASES
- Case can go directly to Supreme Court
- Congress CANNOT “enlarge or restrict”
Appellate Jurisdiction
ARTICLE III CASES
- Case is appealed up to Supreme Court
- Congress **MAY regulate **scope
Congress & Supreme Court:
SUPREME COURT vs. LOWER COURTS
- Congress CANNOT tell Supreme Court what to do
Congress & Lower Courts
SUPREME COURT vs. LOWER COURTS
- Congress CAN establish lower courts & jurisdiction
Example:
o Economy crashed in 2008 creating too many
bankruptcy cases, and Congress could have created more bankruptcy courts
Mootness:
CASE & CONTROVERSY REQUIREMENT
- The issue has already been resolved
Ripeness
CASE & CONTROVERSY REQUIREMENT
- Case is not ready to be brought to court
AdaptiTip:
Mootness is the { _ } ; Ripeness is the { _ }
CASE & CONTROVERSY REQUIREMENT
Mootness is the past,
Ripeness is the future
Standing
CASE & CONTROVERSY REQUIREMENT
- Plaintiff must have a personal injury at stake
Case or Controversy
CASE & CONTROVERSY REQUIREMENT
Must be an actual dispute
AdaptiTIp:
No Case or Controversy is a synonym for … {M} {R} or {S}
CASE & CONTROVERSY REQUIREMENT
No case or controversy is a synonym for mootness, ripeness, or standing
I don’t like this because I don’t get it lol
Independent & Adequate State Grounds
CASE & CONTROVERSY REQUIREMENT
- A case resolved on independent & adequate state grounds will not go to the Supreme Court
Political Questions/Justiciability
CASE & CONTROVERSY REQUIREMENT
- Federal Courts will not hear cases regarding legislative or executive power
Eleventh Amendment
ELEVENTH AMENDMENT
- Citizens of one state CANNOT sue their own or another state
Exceptions to Eleventh Amendment:
ELEVENTH AMENDMENT
- State Consent
- Government Official
- Municipalities
