Federal Judicial Power

Question 1

What are the 4 justiciability doctrines?

Answer 1

Standing
Ripeness
Mootness
Political Question Doctrine

Question 2

In order to have standing, a plaintiff must alleged and prove that he or she has . . .

Answer 2

Been injured or imminently will be injured

Question 3

Generally, what are the only types of injuries a plaintiff may assert?

Answer 3

Those they have personally suffered

Question 4

If a question asks you to pick the answer wit the best argument for standing, first look for a what?

Then, if two qualify, pick the one containing a what?

Answer 4

Personally suffered injury

Financial/economic injury

Question 5

If a plaintiff seeks injunctive or declaratory relief, he or she must show what?

Answer 5

A likelihood of future harm.

Question 6

The plaintiff must allege and prove that D causes the injury so that a favorable court decision . . . .

Answer 6

Is likely to remedy the injury.

Question 7

What is the general rule regarding 3rd party standing?

Answer 7

A plaintiff cannot assert claims of others, of third parties, who are not before the court.

Question 8

In order to get around the rule against third party standing, what two things must be true?

Answer 8

The plaintiff himself must meet all of the standing requirements; AND

An exception must apply.

Question 9

As an exception to the general rule, third party standing is OK if there is __________ between the plaintiff and the injured party.

Answer 9

A close relationship

Question 10

As an exception to the general rule, third party standing is OK if the injured third party in unlikely to be able to . . .

Answer 10

Assert his or her own rights.

Question 11

As an exception to the general rule against 3rd party standing, an organization MAY sue on behalf of its members if, the following 3 things are true:

Answer 11

The members would have had standing to sue

The interests are germane to the organization’s purpose; AND

Neither the claim nor relief requires participation of the individual members.

Question 12

An injury for the purposes of standing cannot ordinarily include a _____ grievance.

Answer 12

Generalized

Question 13

True or false: A plaintiff cannot sue soley as a citizen or a taxpayer interested in having the gov’t follow the law.

Answer 13

True.

Question 14

Describe the Taxpayer Exception to the rule against generalized grievances.

Answer 14

TPs have standing to challenge government expenditures pursuant to federal, state, or local statutes as violating the Establishment Clause only.

Question 15

True or False: An individual could obtain taxpayer standing to challenge a government grant of property to a religious school.

Answer 15

False. TPs have standing to challenge government expenditures pursuant to federal, state, or local statutes as violating the Establishment Clause only.

No standing to challenge grants of property.

Question 16

Ripeness is the question of whether . . .

Answer 16

A federal court may grant pre-enforcement review of a statute or regulation.

Question 17

If a question on the bar involves a request for declaratory judgment, consider what?

Answer 17

Ripeness

Question 18

When determine whether a claim is ripe, courts consider what two factors?

Answer 18

The hardship that will be suffered without reenforcement review; and

The fitness of the issues and the record for judicial review

Question 19

If the events after the filing of a lawsuit end the plaintiff’s injury, what result?

Answer 19

Case is dismissed as moot.

Question 20

What are the three exceptions to the mootness doctrine?

Answer 20

Wrong capable or repetition but evading review

Voluntary cessation

Class Action Suits

Question 21

In a class action suit, if the named plaintiff’s case becomes moot, what effect?

Answer 21

The Class will remain valid as long as at least one member still has a non-moot claim.

Question 22

True or false: If the D volunatrily halts the offending conduct, but is free to resume it at any time, the case will be dismissed as moot.

Answer 22

False. Will NOT be dismissed as moot.

Question 23

Under the political question doctrine, which four constitutional violation will the court refuses to adjudicate?

Answer 23

The republican form of government clause

Challenges to POTUS’s conduct of foreign policy

Challenges to the impeachment and removal process

Challenges to partisan gerrymandering.

Question 24

All cases from state courts come to SCOTUS by what?

Answer 24

Writ of cert

Question 25

All cases from the US Courts of Appeals come to SCOTUS by . . .

Answer 25

Writ of cert.

Question 26

For which two sorts of cases does SCOTUS have obligatory review?

Answer 26

Appeals for decisions of three-judge federal DISTRICT courts (appellate)

Suits between state governments (original)

Question 27

Generally, SCOTUS may hear cases only after there has been a final judgment issued by . . . (3)

Answer 27

Highest state court

Court of Appeals

3-Judge Federal District Court

Question 28

In order for SCOTUS to review a state court decision, there must NOT be _____________________ for the decision.

Answer 28

An independent and adequate state law ground

Question 29

If a state court decisions rests on two grounds, one state and one fed, when will SCOTUS refuse to hear it?

Answer 29

If SCOTUS’s reversal of the federal law ground would not change the result in the case.

Question 30

As a general rule, federal and state courts may not hear suits against state/fed government(s).

Answer 30

The state

Question 31

Which amendment bars suits against states in federal court?

Answer 31

Eleventh

Question 32

What doctrine bars suits against states in state courts or federal agencies?

Answer 32

Sovereign immunity

Question 33

Sovereign immunity provides what protection to states?

Answer 33

Bars suits against states in state courts or federal agencies

Question 34

There are four exceptions to state sovereign immunity. What are they?

Answer 34

State waives the immunity

States may be sued pursuant to federal laws adopted under Section 5 of the 14th (note: Congress cannot authorize suits against states under other constitutional provisions)

Federal government may sue the state

Bankruptcy

Question 35

State officers may be sued for two things. What are they?

Answer 35

Injunctive relief; and

Money damages to be paid out of their own pockets.

Question 36

State officers may NOT be sued for damages if . . .

Answer 36

The state treasury is paying retroactive damages.

Question 37

Explain the doctrine of Abstention.

Answer 37

Federal courts may not enjoin pending state court proceedings

Question 38

Under the doctrine of ______, Federal courts may not enjoin pending state court proceedings

Answer 38

Abstention

Question 39

A federal court will enjoin a pending state criminal court proceed if what is true of the prosecution?

Answer 39

It is being conducted in bad faith