Federal Judicial Power Flashcards
Justiciability
A case must be justiciable to be heard in fed. court, which means there must be a case or controversy presented
To determine whether a case or controversy exists, the case must satisfy requirements for:
- Standing
- Ripeness
- Mootness
- Political question doctrine
Standing
A party must have a concrete interest in the outcome of a claim to have the claim heard in fed. court
Standing Requirements
- Injury — P must have suffered some injury or show a likelihood of imminent injury
- Causation and redressability — P must allege that D caused the injury and that the court can grant a proper remedy
Congress — cannot automatically confer standing, but can create new rights that, if violated, may give rise to standing
Standing rule for generalized grievances and exception
No generalized grievances — P cannot sue solely as a U.S. citizen or taxpayer to compel the govt. to act in a particular way
Exception — taxpayers have standing to challenge specific govt. expenditures pursuant to the Establishment Clause
Third-party standing - When does a plaintiff have standing to assert a claim for the rights of a third party?
P with standing may assert the rights of a third party where P has suffered injury and either:
1. P’s injury adversely affects his relationship with third parties
E.g., bar owner could assert underage males’ rights in challenging ban on beer sales to underage males
- Injured party is unlikely or unable to assert his own rights
E.g., association could challenge law requiring disclosure of member identities b/c members could not challenge law directly without revealing their identities
Organizational Standing
Organizational standing — organizations always have standing if the injury is to the organization itself
Organizational Standing - organizations may sue on behalf of members if:
Suits on behalf of members — organizations may sue on members’ behalf if:
1. Injury to the members that would give members standing to sue individually;
2. Injury is related to the organization’s purpose; and
3. Neither claim nor relief requires participation of individual members
What is Ripeness?
Ripeness — Dispute needs to be matured sufficiently to warrant a decision
P is not entitled to review of a law or govt. act before it has been effectuated
What is Mootness?
Mootness — a live controversy must exist at all stages of review
If circumstances causing P’s harm cease to exist after P files suit, the case must be dismissed as moot
Exceptions to mootness
- Wrongs capable of repetition but evading review
Arises where injury ceases before complete litigation of the claim, but P can reasonably expect to be subject to the same harm in the future
E.g., a disabled bar examinee seeks an injunction b/c of denied accommodations and can’t take the exam b/c it occurs before his case is heard; not moot b/c he will need to take the bar exam again
- Voluntary cessation by D — D has ceased the acts giving rise to P’s suit, but can resume them at any time
- Class action lawsuits — only one member of the class must have an ongoing injury
Political Question Doctrine
Fed. courts will not adjudicate certain constitutional issues that constitute political questions
Political questions involve issues that:
- Const. commits to another branch of govt. (i.e., not the judiciary), or
- Are inherently incapable of judicial resolution or enforcement
Common political questions deemed non-justiciable:
- Actions under the “republican form of government” clause
- Challenges to the conduct of foreign policy
- Challenges to impeachment and removal proceedings
Non-political questions deemed justiciable:
Production of presidential papers/communications
Supreme Court JX - Original jurisdiction
Original jurisdiction — Under Art. III, Supreme Court has original jx over suits between states and cases involving foreign ambassadors and other foreign ministers; such cases must be filed in fed. court
Exception — suits between states must be filed in Supreme Court
Congress cannot expand Court’s original jx to other types of cases
Methods of Supreme Court review - Discretionary Review/ Mandatory Review
Discretionary review — most cases get to the U.S. Supreme Court by writ of certiorari; the Court then decides whether to grant review
Mandatory review — the Court must take appeals from three-judge district court panels regarding injunctive relief
This bypasses the courts of appeal
Supreme Court Review - Final judgment requirement
Final judgment requirement — Supreme Court only hears cases on review if there has been a final judgment of a lower fed. court or a state’s highest court
Congress may limit Court’s appellate jx to certain cases under Art. III
Supreme Court Review - State Court Decisions
State court decisions — Supreme Court cannot review a state court decision that rested on an independent, adequate state law ground
I.e., if the state decision is based on fed. and state law, the Supreme Court will not grant review unless the decision cannot stand on the state grounds alone
11th Amendment and Sovereign Immunity
The 11th Amend. and the related doctrine of sovereign immunity bar suits against state govts. in fed. court
Under the 11th Amend., fed. courts cannot hear claims from a private party or foreign govt. against a state govt.
Sovereign immunity bars suits against states in state court
11th Amendment and Sovereign Immunity - Exceptions
Exceptions — suits against state govts. are allowed in fed. court where:
1. The state waives sovereign immunity or consents,
2. The suit involves the enforcement of laws under section 5 of the 14th Amend. and Congress has removed immunity,
3. The fed. govt. brings the suit, or
4. Bankruptcy proceedings
Suits against state officers — can be brought in fed. court if the suit involves either:
1. Injunctive relief claim for violation of the Const. or fed. law, or
2. Claim for money damages to be paid by the state officer personally
