Federal Judicial Power

Question 1

justiciability

Answer 1

case must be justiciable to be heard in fed ct
- means case or controversy presented

Question 2

case and controversy exists when there’s

Answer 2

standing
ripeness
mootness

Question 3

what are NOT justiciable?

Answer 3

political questions
advisory opinions

Question 4

advisory opinion

Answer 4

lacks actual dispute between adverse parties or legally binding effect

Question 5

political questions

Answer 5

involves issues that
1. Const. commits to another branch of govt (not judiciary), or
2. are inherently incapable of judicial reoslution or enforcement

Question 6

common political questions

Answer 6

1. actions under the “republican form of govt” clause
2. challenges to conduct of foreign policy
3. challenges to impeachment and removal proceedings

Question 7

non-political question deemed justiciable

Answer 7

production of presidential papers/communications

Question 8

ripeness

Answer 8

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

Question 9

mootness

Answer 9

a live controversy must exist at all stages of review
- if they cease to exist after filing, may make case moot

Question 10

mootness exceptions

Answer 10

1. wrongs capable of repetition but evading review: injury ceases before complete litigation but P can reasonably expect same harm in future
2. 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
3. class action lawsuits: only one member of class must have ongoing injury

Question 11

standing

Answer 11

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

Question 12

concrete

Answer 12

real injury NOT hypo

Question 13

particularized

Answer 13

affects P in personal + individual way

Question 14

common generalized grievances

Answer 14

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

Question 15

no standing given by Congress

Answer 15

Congress cannot confer standing

BUT can create new rights that give rise to standing when violated

Question 16

3P standing

Answer 16

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

Question 17

organizational standing

Answer 17

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)

Question 18

OG jx of SC

Answer 18

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

Question 19

methods of SC review

Answer 19

1. discretionary review: writ of certiorari gets case to SC, then SC decides whether to grant review
2. mandatory review: must take appeal from 3-judge DC panels regarding injunctive relief (bypasses courts of appeal)

Question 20

final judgment requirement

Answer 20

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

Question 21

state court decisions

Answer 21

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

Question 22

11A & sovereign immunity

Answer 22

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.

Question 23

11A & sovereign immunity exceptions

Answer 23

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

Question 24

suits against state officers

Answer 24

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