Federal Judicial Power Flashcards
What type of cases can Art III Courts hear?
only cases and controversies
Can the federal courts decide advisory opinions?
NO
What are the 4 things must be met for justicability
1) Standing
2) ripeness
3) Mootness
4) no political question
What are the requirements for standing
1) injury-in fact
2) causation and
3) redress ability
What is needed for injury in fact for standing?
1) requires both the PARTICULARIZED INJURY (an injury that affects the P in personal and individual way) and
2) and CONCRETE injury (one that exists in fact).
- P must allege and prove that they have been injured or immediately will be injured
What must P seeking injunction or declaratory judgment show in standing?
likelyhood of future harm
what must happen for causation and redressability?
P must allege and prove that the D caused the injury so that a favorable court decision is likely to remedy the harm
do P generally have 3rd party standing?
NO. A P CANNOT assert claims of 3rd parties who ARE NOT BEFORE THE COURT.
3 exceptions to 3rd party standings
1) CLOSE RELATIONSHIP b/w p and injured party which means the P can be trusted to adequately represent the interests of 3rd parties.
2) 3rd party standing is allowed if the injured party is unlikely to be able to assert own rights
3) ASSOCIATION STANDING
what is an example for close relationship standing for 3rd parties?
Doctor patient relationship.
- NOT non-custodial parent. Need to have custody of child to bring claim on behalf of kid.
What are the requirements for association standing for 3rd parties?
an organization may sue for its members IF
1) the members would have standing to sue (actual injury)
2) the interests are germane to organization’s purpose
3) neither the claim nor relief requires participation of individual members
generally are generalized grievances allowed
NO the P must not sue solely as citizen or tax payer interested in having the government follow the law
X/C to generalized grievances
1) tax payers have standing to attack government spending to federal or state or local statutes as violating the ESTABLISHMENT CLAUSE
- does not apply to only tax credits
2) allege that a federal law violates the 10th amendment by interfering with the powers reserved to states as long as person can show injury-in-fact and redressability
Ripeness
is a question of w/e federal court may grant preenforcement review of a statute or regulation
when will the court hear a case not full ripe
1) when the HARDSHIP that will be suffered w/o pre-enforcement of review and
2) the FITNESS OF ISSUES and RECORD for judicial review.
mootness
if the events after the filing of a lawsuit end the p’s injury, the case must be dismissed as moot b/c a P must present a live controversy though a non-frivolous money damages claim will keep case alive
x/c to mootness (3)
1) the wrong is CAPABLE OF REPUTITATION but evades review b/c of the limited time
(ex: abortion)
2) voluntary cessation (D stops doing harm but will start it back up once dismissed)
3) class action suits
will federal courts hear political questions?
NOPE
4 types of political questions
1) the republic forum of government (gurantee clause)
2) challenges to Presidents conduct of FOREIGN POLICY
3) Challenges to the IMPEACHMENT AND REMOVAL PROCESS
4) challenges to partisan GERRYMANDERING but states may use independent commissions to draw districts rather than allowing the state legislature to do so.
When MUST the SC hear a case?
when it is
1) APPEALS exist for decisions of
2) 3 Judge federal district court `
may SC hear interlocutory appeals?
NO must be a final judgment
what type of cases can federal courts (and state courts) may not hear suits against?
state governments (due to sovereign immunity)
do cities have sovereign immunity?
NO
what is sovereign immunity?
1) the 11th amendment bars suits against state governments in federal court.
2) sovereign immunity bars suits against state governments in state courts or federal agencies even on federal law claims
