Federal Judicial Power Flashcards
What are the basic outlines of the federal judicial power?
3
- The requirement for cases and controversies
- Supreme Court review
- Lower Court review
What are the requirements for cases and controversies?
aka justiciability
- Standing
- Ripeness
- Mootness
- Political question doctrine
(required for any federal court to hear a case)
What is standing?
Whether this P is the proper party to bring a matter to the court for adjudication
What are the requirements for standing?
4
- Injury
- Causation and redressability
- Generally, no 3d party standing
- No generalized grievances
What are the requirements of injury?
2
- Injuries personally suffered OR
2. (if seeking injunctive or declaratory relief) a likelihood of future harm
What are the exceptions to 3d party standing?
3
- Close relationship between the plaintiff and the injured 3d party
- Injured 3d party is unlikely to be able to assert his or her own rights
- An organization for its members sometimes (associational standing; see below)
(must meet all other standing requirements as well)
When is a close relationship sufficient to allow 3d party standing?
A relationship close enough that the person can reasonably be trusted to adequately represent the interest of the 3d party
When may an organization sue on behalf of its members?
3 times
- Members would have standing to sue;
- Interests are germane to the organization’s purpose; AND
- Neither the claim nor relief requires participation of individual members
What is causation and redressability?
P must allege and prove that D caused the injury such that a favorable ruling is likely to remedy the injury
For the bar exam, what situations are prohibited as generalized standings?
May not sue solely as a “citizen” or “taxpayer” interested in having the government follow the law
What is the exception to the general rule against standing for generalized grievances?
Taxpayers have standing to challenge government expenditures pursuant to statute as violating the Establishment Clause
(property does not satisfy this exception, must be money; spending from general exec revenue doesn’t count, must be pursuant to statute; tax credits don’t count
What is ripeness?
Whether a court may grant pre-enforcement review of a statute or regulation
In what context does ripeness generally arise on the bar exam?
Suits for declaratory judgment
What are the factors for assessing ripeness?
- The hardship that P will suffer without pre-enforcement review
- The fitness of the issues and the record for judicial review
What is mootness?
If events after the filing of a lawsuit end the plaintiff’s injury, the case must be dismissed as moot
What are the exceptions to mootness?
- Wrongs capable of repetition but evading review (think pregnancy)
- Voluntary cessation (D stops, but can restart at any time)
- Class action suits
What is the political question doctrine?
Constitutional violations that the federal courts will not adjudicate
What are the four situations commonly subject to the political question doctrine?
- The “republican form of government clause”
- Challenges to the President’s conduct of foreign policy
- Challenges to the impeachment and removal process
- Challenges to partisan gerrymandering
What are the four ways cases can come to the Supreme Court?
- Cases from state courts (certiorari)
- Cases from federal appellate courts (certiorari)
- Decisions by three-judge federal district courts (appeal, not certiorari; review not discretionary)
- Suits between state governments (original and exclusive jurisdiction)
What is the final judgment rule?
Generally no interlocutory appeals to the Supreme Court—need a final judgment first
What is the requirement for the Supreme Court hearing a state law case?
There must not be independent and adequate state law grounds for the decision
(i.e., Supreme Court will not adjudicate state law claims, ever)
What are the two broad limitations on federal lower court review?
- Federal (and state) courts may not hear suits against state governments (11A and sovereign immunity)
- Abstention (can’t enjoin pending state court proceedings)
What are the exceptions to sovereign immunity (state government can be named as a defendant)?
- Waiver is permitted (must be explicit)
- States may be sued pursuant to statutes adopted under Section 5 of 14A
- The federal government may sue state governments
- Bankruptcy proceedings
What are the rules for suits against state officers?
These suits not barred under sovereign immunity
May be sued for injunctive relief
May be sued for money damages to be paid out of their own pockets
May NOT be sued if it is the treasury that will be paying retroactive damages
