Federal Judicial Power

Question 1

What are the four requirements for cases and controversies in order for a Federal court to hear a case?

Answer 1

1. STANDING: (1) Injury; (2) Causation and Redressibility; (3) No Third Parties; and (4) No General Grievances
2. RIPENESS: (1) Hardship suffered; and (2) Fitness to be heard
3. MOOTNESS
4. NO POLITICAL QUESTIONS

Question 2

Regarding Standing in a case, the plaintiff must first suffer an injury. What does this mean?

Answer 2

Plaintiff can only assert a claim where they personally suffered.

Plaintiffs seeking injunctive or declaratory relief must show likelihood of future harm

Question 3

Regarding standing, what must a plaintiff show to prove causation and redressability?

Answer 3

The plaintiff must allege and prove that the defendant caused the injury, so that the favourable court decision is likely to remedy the issue

Question 4

What are the exceptions to third-party standing?

Answer 4

— Sufficiently close relationship between the plaintiff and the injured third-party, to result in the plaintive strongly litigating the case on their behalf

Or

— Injured third-party is unlikely to be able to assert their own standing right

Or

— Organisations may sue on behalf of the members, provided that: (1) the individual members would have standing of suit; (2) the interest is germane to the organisations purpose; and (3) neither the claim nor the relief requires participation of the individual members

Question 5

With regarding to standing, State the rule to “No General Grievances.” What is the exception to this rule?

Answer 5

Plaintiff must not sue as a citizen or as a taxpayer interested in having the government follow the law.

Exception: taxpayer has standing government expenditure pursuant to statutes that violate the Establishment Clause.

Question 6

A case must be ripe in order for it to be heard. What two things will the Supreme Court consider when deciding pre-enforcement reviews?

Answer 6

1. Hardship that will be suffered without the review

2. The fitness of the issues and the record for juridical review

Question 7

If events after the plaintiff’s filing end, such that the plaintiff’s injury is no longer present, that case must be dismissed as… what? What’s the exception to the rule?

Answer 7

Moot

Exception: (1) Wrongs capable or repeating by avoiding review; (2) Voluntary cessation; (3) Class Action (as longer as one member of the class has an on-going injury).

Question 8

Does the plaintiff need to show economic loss in order for the Federal court to have jurisdiction?

Answer 8

No

Question 9

What is the definition of a political question?

Answer 9

Political questions are those committed to another branch of Government under the Constitution

OR

Those which are inherently incapable of resolution and enforcement by judicial process.

Question 10

Which are the 4 commonly tested Political Questions?

Answer 10

1. The Republican Form of Government clause
2. Challenges to the President’s conduct of Foreign Policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering

Question 11

How does a case from the State court or Court of Appeal go to the Supreme Court?

Answer 11

By Writ of Certiorari

Question 12

Supreme Court has original and exclusive jurisdiction for which types of cases?

Answer 12

Those between State Governments.

Question 13

In order for the Supreme to hear a case (in addition to case and controversy requirement) there needs to be what two other things?

Answer 13

A final judgment

AND

No Independent and Adequate State grounds of a decision

Question 14

Do lower federal courts need to abide by the Cases and Controversies rule?

Answer 14

Yes, applies to both supreme and lower level federal courts.

Question 15

In addition to the cases and controversies requirement for all federal courts, lower federal courts must also abide by which two rules?

Answer 15

1. The Principle of Sovereign Immunity — no suits between State Governments
2. Abstention — federal courts may not enjoin pending state court proceedings

Question 16

What are the exceptions to the 11th Amendment principle of sovereignty immunity (i.e. cases between States being heard by lower federal courts)?

Answer 16

— Explicit consent from the States

— Congressional authorisation for suits against States (Section 5, 14th Amendment)

— Federal government CAN SUE state government

— State officials can be sued

Question 17

What can State officials be sued for?

Answer 17

— Injunctive relief

— Money damages to be paid personally (but NOT out of Treasury)