Con Law: Judicial Review

Question 1

Article III

Answer 1

Section 2 limits the jurisdiction of the federal courts to cases arising under the US constitution or federal laws, cases affecting ambassadors/diplomats, controversies between 2 or more states (or citizens from different states) (RAMPS are limits)

Question 2

11th Amendment

Answer 2

Prohibits citizens of one state from suing their own state or another state on federal claims for money damages without consent of state

Question 3

Exceptions to 11th Amendment

Answer 3

(1) suits against state officials for abusing their powers;
(2) federal suits brought by one state against another state;
(3) most suits for injunctions - a private citizen may sue to enjoin state official from acting in violation of rights

Question 4

Case or controversy

Answer 4

a real and substantial dispute between parties of adverse interests

Question 5

Mootness

Answer 5

if a controversy has already been resolved, then the case will be dismissed (unless there is some reason that the injury is capable of repetition yet evading review)

Question 6

Ripeness

Answer 6

Whereas mootness bars consideration of claims after adjudication, ripeness bars consideration of claims before they have fully developed.

Question 7

Abstention

Answer 7

The federal court may abstain or refuse to hear a particular case when there are undecided issues of state law presented

Question 8

Standing

Answer 8

Article III requires a person litigating to show

(1) injury in fact
(2) causation
(3) redressability

Question 9

Third party standing

Answer 9

SC permits party to raise the constitutional rights of a third party where a special relationship exists between the claimant and the third party, and where the third party is unable to bring suit on his own behalf

Question 10

Political questions

Answer 10

Federal courts cannot hear cases involving political questions. These refer to matters that have been expressly designated to another branch or matters where a lack of judicially discoverable and manageable standards exist.

Question 11

Adequate and independent grounds

Answer 11

although a state court decision may involve a federal questions, the SC will not take the case if the state court judgment can be supported on an adequate and independent state grounds