Federal Judicial Power

Question 1

Justiciability

Answer 1

• 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:
  1) Standing
  2) Ripeness
  3) Mootness
  4) Political question doctrine

Question 2

Standing

Answer 2

• A party must have a concrete interest in the outcome of a claim to have the claim heard in federal court
• Requirements:
  1) Injury: P must have suffered some injurt or show a likelihood of imminent injury
  2) Causation and redressability: P must allege that D caused the injury and that the court can grant a property remedy

Question 3

Standing-no generalized grievances

Answer 3

• 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 challenege specific govt. expenditures pursuant to the Establishment Clause

Question 4

Standing-Congress

Answer 4

Cannot automatically confer standing, but can create new rights that, if violated, may give rise to standing

Question 5

Third party standing

Answer 5

A P with standing may assert the rights of a third party where P has suffered injury and either:
a) 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
b) Injured party is unlikely or unable to assert his own rights
-E.g. association could challenge law requiring disclosure of member identities because members could not challenge law directly without revealing their identities

Question 6

Organizational standing

Answer 6

Organizations always have standing if the injury is to the organization itself
-Suits on behalf of members: organizations may sue on members’ behalf if:
1) Injury to the members that would give members standing to sue individally;
2) Injury is related to the organization’s purpose; and
3) Neither claim nor relief requires participation of individual members

Question 7

Ripeness

Answer 7

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

Question 8

Mootness

Answer 8

• 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:
  1) Wrongs capable of repetition but evadin 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 because of denied accomodations and can’t take the exam because it occurs before his case is heard; not moot because he will need to take the bar exam again
  2) Voluntary cessation by D: D has ceased the acts giving rise to P’s suit, but can resume them at any time
  3) Class action lawsuits: only one member of the class must have an ongoing injury

Question 9

Political question doctrine

Answer 9

• Fed. courts will not adjudicate certain constitutional issues that constitute political questions
• Political questions involve issues that:
  a) Const. commits to another branch of govt. (i.e. not the judiciary), or
  b) Are inherently incapable of judicial resolution or enforcement

Question 10

Common political questions deemed non justiciable

Answer 10

1) Actions under the “republican form of government” clause
2) Challenges to the conduct of foreign policy
3) Challenges to impeachment and removal proceedings

Question 11

Non political questions deemed justiciable

Answer 11

• Production of presidential papers/communications
• Validity of a fed statute (even if case involves dispute between branches of the fed govt regarding foreign affairs)

Question 12

Original jursidction

Answer 12

Under Art. III, Supreme Court has original jursidiction 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 jurisdiction to other types of cases

Question 13

Methods of Supreme Court review

Answer 13

• Discretionary review: most cases get to the U.S. SC 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

Question 14

Final judgment requirement

Answer 14

Supreme court only hears cases on review if there has been a final judgement of a lower fed court or a state’s highest court
-Congress may limit Court’s appellate jurisdiction to certain cases under Art. III

Question 15

State court decisions

Answer 15

Supreme Court cannot review a state court desicion that rested on an independent, adequate state law ground
-I.e. if the state decision is based on fed. and state law, the SC will not grant review unless the decision cannot stand on the state grounds alone

Question 16

11th Amendment and Sovereign Immunity

Answer 16

The 11A and the related doctrine of sovereign immunity bar suits against state govts in fed court
* Under the 11A, fed courts cannot hear claims from a private party or a foreign govt. against a state govt.
* Sovereign immunity bars suits against states in state court

Question 17

11th Amendment and Sovereign Immunity-Exceptions

Answer 17

Suits against state govts are allowed in fed court where:
a) The state waives sovereign immunity or consents
b) The suit involves the enforcement of laws under section 5 of the 14A and Congress has removed immunity
c) The fed govt brings the suit, or
d) Bankruptcy proceedings

Question 18

Suits against state officers

Answer 18

Can be brought in fed court if the suit involves either:
a) Injunctive relief claim for violation of the Const. or fed law, or
b) Claim for money damages to be paid by the state officer personally