Federal Judicial Power Flashcards
What issues arise with regards to Federal Judicial Power?
- Jurisdiction
- Power of Art 3 Courts
- SCOTUS original jdxn
- SCOTUS appellate jdxn
(i) writ of cert
(ii) mandatory - Justiciability
- Standing
- Ripeness
- Mootness
- Political Question Doctrine - Limitations of Fed Power
- Political Q Doctrine
- Abstention
- 11th Amendment Limitation on Fed Courts
When do Article 3 federal courts have jdxn?
When does SCOTUS have original jdxn?
When does SCOTUS have EXCLUSIVE original jdxn?
When does SCOTUS have DISCRETIONARY jdxn?
When does SCOTUS have MANDATORY jdxn?
ARTICLE 3 COURTS, in general:
- INTERPRETATION of –> constitution, federal laws, treaties, admiralty and maritime laws
- DISPUTES btwn –> two states, state and foreign citizen, citizens of diverse citizenship
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SCOTUS ORIGINAL JDXN
Original JDXN –>
(1) cases affecting ambassadors/public ministers/consults etc;
(2) Suits in which a state is a party
Original and Exclusive jdxn –> disputes between states
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SCOTUS APPELLATE JDXN
Discretionary (Writ of Cert) –>
1. Federal Q cases from state court
EXCEPTION –> SCOTUS will not hear case if it’s based on “independent and adequate state grounds”
- All cases from FEDERAL courts of appeals
MANDATORY –> 3 judge district panels that grant or deny injunctive relief
What is standing?
What general rules apply (4)?
“Standing” = whether P is proper plaintiff to bring case
- P needs to have a particularized and concrete injury.
NOTE –> if seeking injunctive relief or declaratory judgment, must show likelihood of future personal harm
NO GOOD –> ideological or generalized grievances.
EXCEPTIONS:
(i) taxpayer suits attacking congressional spending on 1st amendment establishment grounds
(ii) citizen may have grounds to challenge federal action on basis that it violates 10th amendment by interfering w powers reserved to the states, as long as they have a redressible injury
- “causation and redressibility” (ie..no advisory opinions)
- GENERAL RULE –> No 3rd party standing
- exceptions
(i) special relationship
(ii) injured party unable to assert rights
(iii) organizations
With regards to standing, what is required with regards to “causation and redressability”?
“Causation” –> there must be a CAUSAL CONNECTION btwn injury and conduct complained of
“redressability” –> decision must be capable of eliminating P’s grievance
THUS:
1. NO advisory opinions
2. mere ideological objections is NOT enough
3. no generalized grievances (injury must be particularized to P)
EXCEPTIONS:
1. taxpayers and establishment clause
2. 10th amendment, if there is redressable injury
What is the general rule w regards to 3rd party standing?
What are the THREE general exceptions?
General rule –> no 3rd party standing
EXCEPTIONS:
- special relationship
- Difficult for injured party to assert own rights
- Organization exception
With regards to 3rd party standing - describe the CLOSE RELATIONSHIP exception.
Examples?
REQUIREMENTS –>
- Close relationship btwn P and injured party
- such that P can be trusted to ADEQUATELY REPRESENT 3rd party
Examples:
- doctor patient (doc can argue that patients desever abortion rights)
- Custodial parent on behalf of child (but not non-custodial parent)
With regards to 3rd party standing - describe the DIFFICULT FOR INJURED PARTY TO ASSERT OWN RIGHTS exception.
Examples?
RULE –> there may be 3rd party standing when it is difficult for the injured party to assert her own rights
EXAMPLES:
- An association may attack law requiring disclosure of membership lists bc members cannot attack without disclosing their identities
- crim def can bring claim on behalf of jurors kicked off jury for being black
With regards to 3rd party standing - describe the ORGANIZATION exception.
Examples?
Requirements:
- members would have standing to sue
- interests are germane to org’s purpose
- neither the claim nor relief require participation of individual members
What is the requirement of “ripeness”?
What will court consider (two factors)?
“ripeness” = the requirement that courts wait until policies have been formalized and felt in concrete ways
COURTS WILL CONSIDER:
- hardship to parties of withholding judicial review
Generally satisfied if –> a party would have to risk substantial hardship to provoke enforcement of law - fitness of issue and records for judicial review
Not satisfied if –> decision relies on uncertain or contingent future events that may not occur
What is “mootness”?
Exceptions (3)?
“mootness” - a real controversy must exist at all stages of review. If matter has already been resolved, case will be dismissed as MOOT
EXCEPTIONS:
1. controversies capable of repetition, but evading review
EXAMPLES
(i) abortion (due to short duration);
(ii) D who voluntarily stops offending practice but is free to resume
2. class actions RULE --> it's OK if class rep's case goes moot, if cases of other members are still viable
- voluntary cessation (where D may continue behavior)
What is the “political question doctrine”?
What are examples of issues that are barred as PQ’s?
What are examples of issues that have been allowed?
“Political Q doctrine” - refers to constitutional violations that fed courts WILL NOT adjudicate bc:
- constitutionally committed to another branch; OR
- inherently incapable of judicial resolution
Barred as PQS:
- challenges based on “republican form of gov” clause of Art. IV
- challenges to congressional procedures for ratifying constitutional amendments
- challenges to impeachment and removal process
- challenges to P’s conduct of foreign policy
- gerrymandering
Not Barred:
- arbitrary exclusion of congressional delegate
- production of presidential papers and communications
What is the limitations with regards to SCOTUS review and “independent and adequate state ground”?
SCOTUS will NOT review a state court’s decision if it was based on an “independent and adequate state ground” - EVEN IF federal issues are involved.
NOTE –> if state DOESN’T clearly indicate that decision rests on state law, SCOTUS may hear it
NOTE –> if it rests on two grounds, the Q is whether SCOTUS’s reversal would change the result in the case. If not, SCOTUS won’t hear it
What is the doctrine of “abstention”?
What the are the situations in which it may apply? (2)
“Abstention” = situations where federal courts will abstain from resolving claims
TWO SITUATIONS
- “Unsettled Q of State Law”
- “Pending State Proceedings”
What is the rule w regards to “abstention” and “unsettled Q of state law”?
A federal court will TEMPORARILY ABSTAIN from a resolving a constitutional claim when disposition rests on an unsettled Q of state law
What is the rule w regards to “abstention” and “pending state proceedings”?
GENERAL RULE –> A federal court WILL NOT ENJOIN pending state criminal proceedings (or pending state admin or civil proceedings involving an important state interest).
EXCEPTION –> cases of proven harassment or prosecutions taken in bad faith
