Federal Judicial Power Flashcards
Hearing a Case/Advisory Opinions
A federal court will not issue advisory opinions.
Hearing a Case/Pending Legislation
A federal court will not hear cases involving challenges to legislation or policy whose enforcement is neither actual nor threatened (pending).
Hearing a Case/Cases & Controversies
A federal court may only decide real cases and controversies.
Hearing a Case/Cases & Controversies Define
A case and controversy is an actual dispute between parties having adverse legal interests in which the challenged action poses a real and immediate danger to their interest.
Hearing a Case/Standing
A person challenging a governmental action must have standing. To establish standing plaintiff must show, a concrete stake in the outcome of the controversy that is an injury in fact that will be remedied by a decision in his favor.
Hearing a Case/11th Amendment State Government
The 11th Amendment provides a federal court shall not hear a claim for damages against a state government unless the state has consented, the United States or another state is the plaintiff, or Congress has clearly granted the federal court authority to hear the case. This prohibition excludes state officers.
Hearing a Case/Sovereign Immunity State Officers
The Sovereign Immunity doctrine provides a federal court may hear claims alleging that state officials have violated the Constitution or claims for money damages paid personally by the state officer.
