Federal Judicial Power

Question 1

Requirements for Standing

Answer 1

P must prove:

1. Injury. That P was or imminently will be injured
2. Ripeness. Fitness of issues and record for review.
3. Mootness.

Question 2

What are Political Questions?

Answer 2

Political questions are constitutional violations that the federal courts will not adjudicate.

Question 3

Examples of Political Questions

Answer 3

1. Republican form of government clause claims
2. Challenges to the President’s conduct on foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering

Question 4

Exceptions to Mootness

Answer 4

A wrong capable of repetition but that evades review may be heard.

Voluntary cessation - if D voluntarily halts the offending conduct but can resume at any time, the case can be heard.

Class action lawsuits - only 1 class member needs to have a claim

Question 5

Exceptions to prohibition against Third Party Standing

Answer 5

P cannot generally assert the claims of others.

EXCEPTIONS:

• Close relationship between the P and the injured third party
• Allowed if the injured third party is unlikely to be able to assert his or her rights
• An organization can sue for its members

Question 6

Requirements for organizations to bring suit

Answer 6

1. The organization’s members must have standing to sue
2. The interests must be germane to the organization’s purpose
3. Neither the claim nor the relief must require participation of individual members

Question 7

Prohibition against Generalized Grievances

Answer 7

P must not sue solely as a citizen or a taxpayer

EXCEPTION: Taxpayers can challenge local government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Clause

Question 8

Cases heard by the Supreme Court

Answer 8

SCOTUS has jurisdiction to hear:

1. State Courts by writ of certiorari
2. US Courts of Appeals by writ of certiorari
3. Three-judge federal district courts
4. Cases between state governments (Exclusive jurisdiction).

Question 9

What is the principle of sovereign immunity?

Answer 9

Sovereign immunity under the 11th Amendment bars suits against states in federal courts

Sovereign immunity bars suits against states in state courts

Question 10

Exceptions to Sovereign Immunity

Answer 10

1. Waiver. Consent to case must be explicit
2. States can be sued pursuant to federal laws adopted under section 5 of the 14th Amend. (e.g. Title VII).
3. Federal government can sue state governments
4. State can be sued in bankruptcy proceedings

Question 11

What may state officers be sued for?

Answer 11

State officers may be sued for

1. Injunctive relief
2. Money damages to be paid by themselves
3. Cannot be sued if the state treasury will be paying retroactive damages