Con Law ( Judicial Review ) Flashcards
Original jurisdiction
Congress can not enlarge or restrict cases that go directly to the Supreme Court
-Congress can’t DECIDE what cases go to the Supreme Court
-Limited to; cases affecting ambassadors, ministers, and consuls and this where a state is a party
Appeallate Jurisdiction
Congress MAY regulate and scope if cases is appealed to the Supreme Court
Congress
-Can’t tell Supreme Court what to do
-But; has jurisdiction over lower federal courts and may
1) Can establish lower courts
2) Determine what kind of cases district courts listen to
Issues that’ll prevent a case from getting to (Federal Court)
- Moot: Already been resolved, it’s the the past
- Ripe: Not ready; “ law being considered to be passed”
- Standing: An individual has to have standing or else they can’t bring the case “has to effect the person” ( personal)
“No case or controversy”
Independent or Adequate state ground
A case will not go to federal court if it was based on independent or adequate state ground
It’ll say “the state Supreme Court resolved the case/ heard the case and this was their decision” and then it’ll tell you if they resolved it correctly if they did can’t go to Federal Supreme Court if they didn’t can “independent or adequate state ground”
They’ll tell you it was resolved correctly!
Sometimes they’ll tell you one issue was resolved one wasn’t
Justiciability
-Federal courts will not hear regarding a subject of another branch of government; court is gonna hear a case and it’s about legislative or executive power “political question, justicability”
11th Amendment
-Rule: Citizens of one state can’t sue their state or any other state unless; 1) consent to suit 2) Gov official may be sued 3) Municipalities can be sued (city)