Con Law: Federal Judicial Power

Question 1

Fed Judicial Power

Answer 1

defined by Art III of US Constitution with a requirement for cases and controversies: ie. a case must be JUSTICIABLE. This means FED courts must decide actual cases and controversies and do not render advisory opinions

Question 2

To Be Justiciable

Answer 2

1. Standing
2. Ripeness
3. Mootness
4. Political Question Doctrine

Question 3

To Have Standing

Answer 3

Standing is issue of whether P is proper party to bring matter to court. Standing must be met at all stages of litigation, including on appeal.
P must meet 4 reqs:
1. Injury: actually injured or imminently will be injured.
2. (CAUSATION AND REDRESSIBILITY)
3. NO Third party standing unless close relationship between P and injured third party or is unlikely to assert own rights Or is an organization if all members would have standing.

Question 4

Injury:

Answer 4

P must allege and prove that he or she has been injured or imminently will be injured.
NOT mere ideological objection
Injury PERSONALLY suffered
P seeking injunctive or declaratory relief MUST show a likelihood of future harm.
TIP: Go with P that actually suffered–if more than one then go with P that suffered economic damages

Question 5

Causation and Redressability

Answer 5

P must alleges and provide that D caused injury so that a favorable court decision is likely to remedy the harm.
If a fed court ruling would have no effect then not allowed

Question 6

No Third Party Standing UNLESS

Answer 6

1. Close relationship between P and the injured third party which means the P can be trusted to adequately rep third party.
2. Third party unlikely to assert own rights
3. Corporation if members would have standing; interests germaine to organization purpose; neither claim nor relief require member participation.

Question 7

NO generalized grievances (eg suing as taxpayer) UNLESS

Answer 7

1. Violation of Establishment Clause: TP have standing to challenge govt expenditures pursuant to fed statutes as violating that clause.
2. Tenth Amendment violation: Person has standing as citizen to alley that fed action violates 10th A by interfering with powers reserved to the state as long as person can show injury in fact and redressability.

Question 8

Ripeness

Answer 8

Question of whether a fed court may grant pre-enforcement review of a statute or regulation.
Looks at two things:
a. Hardship that will be suffered without pre-enforcement review
b. The fitness of the issue and the record for judicial review.

Question 9

Mootness

Answer 9

If events after filing of a lawsuit end P’s injury, the case must be dismiss as moot because p must present a live controversy, though a non-frivolous money damages claim will keep the case alive.
Mootness Exception:
1. Wrong is capable of repetition but evades review because of its inherently limited time duration (Abortion case)
2. Voluntary cessation
3. Class action

Question 10

Political Question Doctrine

Answer 10

Refers to Constitutional violations that the fed courts will NOT adjudicate.

a. The US shall guarantee to each state a republican form of govt (Art IV, Sec 4)
b. Challenges to President’s conduct of foreign policy
c. Challenges to Impeachment and Removal process
d. Challenges to partisan gerrymandering

Question 11

SC Review

Answer 11

All justiciability requirements must be met.

a. All cases come to SC by writ of certiorari
b. Appeals exist for decisions of three-judge fed district courts
c. SC has original and exclusive jurisdiction for suits between state govt.
d. Gen- SC may hear cases only after final judgment of highest state court.
e. MUST NOT be independent, adequate, state law bounds of decision– if the result will not change if SC hears then they won’t hear it.

Question 12

Lower Fed Court Review

Answer 12

Fed courts and state courts may NOT hear suits against state governments (principal of sovereign immunity).
11th A bars suits against states in fed court.

Question 13

States may only be Sued under following three circumstances:

Answer 13

1. Waiver is permitted, that is state may and must expressly consent to be sued;
2. States may be sued pursuant to federal laws adopted un Section 5 of 14A. Congress cannot authorize suits against states under any other power.
3. Fed govt may sue state governments– SI does not bar.
4. BK proceedings: 11A does not apply to fed laws exercised pursuant to congress bk power so it does not bar actions of US BK Courts

Question 14

Suits against State Officers

Answer 14

Are allowed even if the state government cannot be named as D.
State officers may be sued for injunctive relief, money damages to be paid out of own pockets
CANNOT be sued if it is the state treasury that will be paying the retroactive damages.

Question 15

Abstention

Answer 15

Fed courts may not enjoin pending state court proceedings.