Federal judicial power Flashcards

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1
Q

requirements for case/controversy to exist

A

1) standing
2) ripeness
3) mootness
4) political question doctrine

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2
Q

standing requirements

A

1) P suffered injury/likelihood of imminent injury
2) causation and redressability

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3
Q

third-party standing

A

P has suffered injury and either:
1) P’s injury adversely affects relationship with third parties
2) injured party is unlikely/unable to assert own rights

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4
Q

ripeness

A

dispute needs to be matured sufficiently to warrant a ddcision

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5
Q

mootness

A

a live controversy must exist at all stages of review

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6
Q

political question doctrine issues

A

1) constitution commits to another branch of government (i.e. not the judiciary)
2) inherently incapable of judicial resolution or enforcement

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7
Q

SCOTUS original jdx

A

Suits between states; cases involving foreign ambassadors/other foreign ministers

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8
Q

SCOTUS state court decision review

A

SCOTUS can’t review a state court decision that rested on an independent, adequate state law ground

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9
Q

11th Amendment

A

bars suits against state governments in federal courts

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10
Q

11th Amendment exceptions

A

1) state waives sovereign immunity/consents
2) suit involves enforcement of laws under § 5 of 14th Amendment
3) fed government brings the suit
4) bankruptcy proceedings

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