Federal Judicial Power

Question 1

Article 3

Answer 1

Created the federal judicial system and restricted judicial power to “cases and controversies”. Actual, not hypothetical, disputes brought by adversarial, not collusive, parties with real interests at stake.

Question 2

Judicial Review

Answer 2

Allows the judiciary to determine whether what the other branches are doing conflicts with the constitution, and whether what the states are doing conflicts with the constitution(which is silent on the power of judicial power).

Question 3

Justiciability Doctrines

Answer 3

Determines which matters federal courts can hear and decide and which must be dismissed.
-> Not mentioned in Constitution, each were created and articulated by the supreme court.

Question 4

Prohibition of Advisory Opinions

Answer 4

The court has declined to give advisory opinions on the constitutionality of pending legislation or proposed governmental action.

Question 5

Criteria to avoid being an advisory opinion

Answer 5

There must be an actual dispute between adverse litigants.
->There must be a substantial likelihood that a federal court decision in favor of a claimant will bring about some change or have some defect.

Question 6

Standing

Answer 6

Ensures that courts hear only those cases brought by the “right” plaintiffs, those who have real personal interests at stake, and must be specific, they can’t have standing if they are just unhappy with something.

Question 7

Requirements of Standing

Answer 7

Plaintiff has suffered injury or imminently will suffer injury.
- The injury was traceable by the actions of the defendant and not some third party.
-A decision favorable to the plaintiff will redress that harm
-The court can remedy the injury.

Question 8

Ripeness

Answer 8

Seeks to separate matters that are premature for review, because the injury is speculative and may never occur.
-> only when injury has not yet occurred is ripeness an issue.

Question 9

Mootness

Answer 9

The requisite personal interest that must exist at the commencement of the litigation(standing) must continue throughout the existence(mootness),

Question 10

Moot cases no longer present live controversies in 3 ways…

Answer 10

Criminal defendant dies during the appeal process.
-Parties enter into a settlement agreement.
-Challenged law is repealed or expired. (any change in the facts that ends the controversy.)

Question 11

Exceptions to Mootness- collateral consequences

Answer 11

Occurs when a secondary injury survives after the plaintiff’s primary injury has been resolved.
-> A challenge to a criminal conviction is not moot, even after a sentence is completed because they continue to face adverse consequences(live controversy).

Question 12

Exceptions to Mootness- wrongs capable of repetition yet evading review

Answer 12

Some injuries occur and are over so quickly that they will always be moot before the federal court litigation process is completed.
-> Roe v. Wade (the pregnancy was completed by the time it reached the court).

Question 13

Political Question Doctrine

Answer 13

Political questions- issues that the constitution itself places within the other branches of government or states to decide this issue.