Federal Judicial Power Flashcards
justiciability
case must be justiciable to be heard in fed ct
- means case or controversy presented
case and controversy exists when there’s
standing
ripeness
mootness
what are NOT justiciable?
political questions
advisory opinions
advisory opinion
lacks actual dispute between adverse parties or legally binding effect
political questions
involves issues that
1. Const. commits to another branch of govt (not judiciary), or
2. are inherently incapable of judicial reoslution or enforcement
common political questions
- actions under the “republican form of govt” clause
- challenges to conduct of foreign policy
- challenges to impeachment and removal proceedings
non-political question deemed justiciable
production of presidential papers/communications
ripeness
dispute needs to be matured sufficiently to warrant a decision
Exceptions: no pre-enforcement unless
1. legal issue NOT factual, and
2. P would suffer substantial hardship in absence of review
mootness
a live controversy must exist at all stages of review
- if they cease to exist after filing, may make case moot
mootness exceptions
- wrongs capable of repetition but evading review: injury ceases before complete litigation but P can reasonably expect same harm in future
-
voluntary cessation by D: D ceased the acts giving rise to P’s suit but can resume them at any time
- ET: look for facts making it hard to resume - class action lawsuits: only one member of class must have ongoing injury
standing
requires
1. injury: already occurred or imminent
2. causation: P alleges that D caused injury
3. redressability: court can grant proper remedy
injury must be concrete + particularized to P
- no general grievances
concrete
real injury NOT hypo
particularized
affects P in personal + individual way
common generalized grievances
suing govt as US citizen or taxpayer to compel govt action in particular way
Exception: challenging specific govt expenditures as a taxpayer pursuant to Establishment Clause + own tax liability
BUT: not 10A if redressable injury
no standing given by Congress
Congress cannot confer standing
BUT can create new rights that give rise to standing when violated
3P standing
No 3P standing
EXCEPT: claimant w/ standing AND
1. Close relationship: P’s injury adversely affects his relationship w/ 3P
2. Inability to assert: Injured 3P unlikely or unable to assert his own rights
organizational standing
always has standing if injury to organization itself
suits on behalf of members allowed if:
1. injury to members would give members standing individually,
2. injury is related to organization’s purpose, and
3. neither claim nor relief requires participation of individual members (eg law is unconstitutional)
OG jx of SC
Under Art. 3, SC has OG jx over cases filed in fed. court that are:
1. between states (file in SC)
2. cases involving foreign ambassadors/ministers
Congress cannot expand SC’s OG jx
methods of SC review
- discretionary review: writ of certiorari gets case to SC, then SC decides whether to grant review
- mandatory review: must take appeal from 3-judge DC panels regarding injunctive relief (bypasses courts of appeal)
final judgment requirement
SC can only hear cases after final judgment of lower fed. court or state’s highest court
Congress may limit SC’s appellate jx to certain cases under Art. 3
state court decisions
SC cannot review state court decision that rested on independent + adequate state law ground
- state law ground is sufficient to decide case (otherwise advisory opinion)
ie, if state ct decision is based on fed law & state law, SC will not grant review unless decision cannot stand on state grounds alone
11A & sovereign immunity
bars suits against state govt in fed. ct
* 11A bars against private party & foreign govt against state govt
* SI bars suits against states in state ct.
11A & sovereign immunity exceptions
suits against state govts allowed in fed ct when:
1. state waives sovereign immunity or consents,
2. involves enforcement of laws under Sect. 5 of 14A and Congress removed immunity,
3. fed govt. brings suit,
4. fed. bankruptcy proceedings, or
5. local government & entities
suits against state officers
can be brought in fed court if involving:
1. injunctive relief claim for violation of Const. or fed law, or
- EVEN IF will require prospective payment from state
2. claim for money damages to be paid by the state officer personally
