Federal Court Basics Flashcards
What are the primary sources of a federal district court’s jurisdiction?
Case that involve a federal question, diversity, supplemental, and removal.
When do courts have personal jurisdiction?
Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a case. Before a court can exercise power over a party, the Constitution requires that the party has certain minimum contacts with the forum in which the court sits.
What is the political question doctrine?
Federal courts will refuse to hear a case if they find that it presents a political question. This doctrine refers to the idea that the judicial branch should not deal with issues the Constitution makes the sole responsibility of the Executive or Legislative branches.
What are the four abstention doctrines?
Pullman, Colorado River, Younger, Burford.
What is Pullman abstention?
Under Pullman abstention, federal courts abstain from asserting jurisdiction over federal constitutional challenges to state laws to permit state courts to resolve potentially dispositive ambiguities in those laws. The idea is that the federal courts avoid predicting what state courts would decide and gives the state courts the first opportunity to interpret state law. Doing so may avoid the need for a federal constitutional ruling by allowing the state courts to construe the law in a way that eliminates the constitutional problem or to rule it void under the state’s own constitution.
What is Younger abstension?
Generally, abstention under Younger holds that federal courts should abstain from cases that are pending in state proceedings if certain prerequisites are met.
What is Burford abstention?
Burford abstention doctrine calls for abstention when a federal suit would interfere with a state administrative agency’s resolution of difficult and consequential questions of state law or policy.
What is Colorado River abstention?
Colorado River abstention comes into play when there is parallel litigation taking place, like when federal and state court proceedings are simultaneously being carried out to determine the rights of parties regarding the same questions of law. Basically, it occurs when it doesn’t make sense for two courts to expend the time and effort to resolve the same question.
What is subject matter jurisdiction?
It refers to the power of the court to hear a certain type of matter and to provide the remedy demanded.
What is substantive due process?
Substantive due process is the principle that the Fifth and Fourteenth Amendmentsprotect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from depriving any person of “life, liberty, or property without due process of law.” The Fifth Amendment applies to federal action, and the Fourteenth applies to state action.
What is procedural due process?
Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.
Does congress have plenary or enumerated powers?
Enumerated.
Congress’s power is not absolute or plenary. The Constitution limits those powers to those enumerated in Article I, including the ability to:
- lay and collect taxes;
- pay debts and borrow money;
- regulate commerce;
- coin money;
- establish post offices;
- declare war.
But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs.
