Federal Judicial Power

Question 1

Federal courts are limited to what type of jurisdiction?

Answer 1

1. Law-based federal jurisdiction
2. Party-based federal jurisdiction

Question 2

Law-Based Federal Jurisdiction

Answer 2

1. Cases arising under the constitution and federal laws
2. Admiralty and maritime cases

Question 3

Party-Based Federal Jurisdiction

Answer 3

5 types of cases:

1. U.S. gov’t
2. State v. State
3. State v. Other state’s citizens
4. Citizens from different states with $75K in controversy (diversity jurisdiction)
5. Foreign diplomats

Question 4

11th Amendment

Answer 4

State sovereing immunity bars private individual from suing states for money damages in any court

Question 5

Exceptions to the application of the 11the Amendment

Answer 5

1. suits against state officials for abusing their power in enforcing an unconstitutional state statute;
2. federal suits brought by one state against another state, or suits brought by the federal government against a state; and
3. most suits for injunctions—e.g., a private citizen may sue to enjoin a state official from acting in violation of the plaintiff’s federal constitutional rights.
4. A state may consent to suit in federal court if it clearly waives its Eleventh Amendment immunity and does so expressly and unequivocally (or by voluntarily invoking a federal court’s jurisdiction).
5. Enforcement powers - Congress can authorize private suits by individuals for violations of 13th, 14th, and 15 Amendments

Question 6

Limitation of federal court jurisdiction

Answer 6

Article III, Section 2 limits federal court jurisdiction to “cases” and “controversies”

Plaintiff must meet R.A.M.P.S. requirements in order to get into federal court: 1) Ripeness; 2) Abstention; 3) Mootness; 4) Political question; and 5) Standing.

Question 7

For Standing, plaintiff must show:

Answer 7

1. injury-in-fact;
2. causation (the injury was caused by the challenged action); and
3. redressability.

Question 8

What is Injury-In-Fact?

Answer 8

Plaintiff must show actual or imminent personal injury,

caused by the action he is challenging

Question 9

Causation

Answer 9

∆’s conduct must have caused the injury

Question 10

Redressability

Answer 10

The litigation, if it succeeds, must remedy the injury

OR

beneift the plaintiff

Question 11

When is 3rd party standing permitted?

Answer 11

Party can raise 3rd party constitutional rights where he himself has suffered injury AND:

1. special relationship exists between the claimant and third party because of the connection between the interests of the claimant and the constitutional rights of the third person; or
2. 3rd party is unable or finds it difficult to bring the suit on his own behalf

Question 12

When does an organization have standing?

Answer 12

If:

1. The members would otherwise have standing to sue;
2. the interest asserted is germane to the association’s purpose; and
3. Member participation is not required

Question 13

Ripeness

Answer 13

Ripenessbarsconsideration of claims before they have fully developed

Generally, a court may not review or grant a declaratory judgment of a state law before it is enforced or when there is no real threat the statute will ever be enforced

Question 14

Mootness

Answer 14

If a controversy or matter has already been resolved, then the case will be dismissed as moot.

Question 15

Political Question

Answer 15

Federal courts cannot hear cases involving political questions

Question 16

What is a political question

Answer 16

a matter assigned to another branch by the constitution or incapable of a judicial answer

Question 17

Factors SCOTUS uses to determine what is a political question

Answer 17

1. Textual commitment
2. No standards

Question 18

Abstention

Answer 18

• The federal court may abstain, or refuse to hear, a particular case when there are undecided issues of state law presented
• The federal court may abstain if the meaning of a state law or regulation is unclear
• SCOTUS will not a hear a case from state high court if the state court decision can be supported by state law grounds

Question 19

What kind jurisdiction does SCOTUS have?

Answer 19

1. Original
2. Appellate

Question 20

When is there Judicial immunity?

Answer 20

• Absolute immunity from civil liability for damages from judicial acts