Federal judicial power Flashcards
requirements for case/controversy to exist
1) standing
2) ripeness
3) mootness
4) political question doctrine
standing requirements
1) P suffered injury/likelihood of imminent injury
2) causation and redressability
third-party standing
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
ripeness
dispute needs to be matured sufficiently to warrant a ddcision
mootness
a live controversy must exist at all stages of review
political question doctrine issues
1) constitution commits to another branch of government (i.e. not the judiciary)
2) inherently incapable of judicial resolution or enforcement
SCOTUS original jdx
Suits between states; cases involving foreign ambassadors/other foreign ministers
SCOTUS state court decision review
SCOTUS can’t review a state court decision that rested on an independent, adequate state law ground
11th Amendment
bars suits against state governments in federal courts
11th Amendment exceptions
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