Fed Courts Stuff, Standing, Sep. of Powers Flashcards
Standing
Need
1) Injury in Fact:direct + personal injury (actual or imminent) caused by action
2) Causation: Injury caused by action
3) Redressability: will benefit if win AND court can provide remedy
State Sovereign Immunity
Private individuals cannot sue the state for monetary damages w/out the state’s consent
Consent must be express AND unequivocal
CAN sue for injunctive relief
Exception = Congress can authorize $$ suits IF re: Recon. Amendments
What Kaplan says are the key justiciability qs
RAMPS
Ripeness
Abstention
Mootness
Standing
Anti-Commandeering
10th A based
Can’t force states to act in sovereign capacity–can’t force states to legislate or enforce specific laws (ex. federal laws)
Basically–can’t force action/lack of action/enforcement
Exception: Recon. Amendments
State Taxation of Fed Gov
McCullough = states cannot tax fed gov OR its instrumentalities if taxation/regulation would interfere w/ fed. functions
CAN tax if private individual dealing with the fed. gov–not instrumentality of gov., no special rts
Third-Party Standing
Can assert rts of 3d party along with own if
1) P has standing AND
2) Special Relationship b/tween plaintiff and rts of 3d party–(connection of interests) AND
3) 3d party unable/would find it difficult to bring suit on own
Organizational Standing
1) Members would have standing in own right AND
2) Interest asserted germane to org’s purpose AND
3) Neither claim asserted nor relief requested would req. individual members to participate in the lawsuit
Mootness Exception
Capable of Repetition yet Evading Review
-Practically impossible for case to be fully heard/appealed before P’s claims become moot–but will happen again, w/ same pattern
Ex. pregnancy, 8th amendment prisoner situation (if prisoner removed, moot–but problems still there), homeless person
Political Question
Biggest factors
-Something in Con. suggest decision-making granted to another gov. actor
-Required decision political decision, vs. legal one (ex. foreign affairs)
Abstention
Federal court may abstain/refuse to hear if undecided issue of state law–defer to state court
Also applies if state court proceeding ongoing–won’t interfere
SCOTUS: Can’t hear if decided on adequate + independent state grounds
When is a federal law constitutional
1) Congress has power to pass law
2) Law doesn’t violate constit. right
Police Powers
States–always have
Congress–almost never has–*only if DC/fed. territories
Exceptions to State-Action Requirement
Public Function/Entwinement–private entity carrying on activities traditionally performed by gov. (aka “company town” exception–high bar)
Significant State Involvement/Entanglement–private party’s actions closely encouraged + supported by state (again, high bar–ex. restaurant in gov building where gov. chose decor, paid for upkeep)
