Federal Judicial Power

Question 1

Standing (Def.)

Answer 1

P must show a sufficient stake in the controversy and an injury in fact that will be remedied by a decision in her favor

Question 2

What are the requirements for standing?

Answer 2

1. Injury
2. Causation & Redressability
3. No 3rd Party Standing
4. No Generalized Grievences

Question 3

Injury (Def.)

Answer 3

P must allege and prove that she has been injured or immediately will be injured (again)

a. Must be injuries personally suffered.
b. If seeking injunction/declaratory relief, must show a likelihood of future harm

Question 4

Causation & Remedy Requirements

Answer 4

P must allege and prove ∆ is the cause of the injury so that a favorable court decision is likely to remedy the injury (a lack would lead to advisory opinion).

Question 5

Third Party Standing

Answer 5

P cannot assert claims of others, of third parties, who are not before the court.
EX: allowed if (i) close relationship btwn P and injured 3p (trusted to adequately represent interests, ie doctor/patient); (ii) allowed if injured 3p is unlikely to be able to assert his own rights; (iii) an organization may sue for its members if members would have standing, the interests are germane to organization’s purpose, and neither the claim nor relief requires participation of individual members.

Question 6

Generalized Grievance for Standing

Answer 6

P must not be suing solely as a citizen of as a taxpayer interested in having the government follow the law.
EX: taxpayers have standing to challenge gov’t expenditures pursuant to specific federal statutes as violating Establishment Clause. Can’t challenge expenditures from general executive revenue.

Question 7

Ripeness Requirement

Answer 7

P not entitled to review of statute of regulation before enforcement unless (1) P will suffer some harm or immediate threat of harm, (2) issue fit for judicial review, and (3) there is a record for judicial review.

Question 8

Mootness Requirement

Answer 8

If events after filing lawsuit END P’s injury, case must be dismissed as moot. “Live controversy.”
1.Except: (i) wrong capable of repetition but evading review; (ii) voluntary cessation; (iii) class action suits.

Question 9

Political Question Doctrine

Answer 9

Refers to constitutional violations that the fed courts will not adjudicate.

1. “Republican form of government” clause (where people elect representatives, who then make the laws)
2. Challenges to the President’s conduct of foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering (drawing legislative districts to maximize seats for democrats/republicans)

Question 10

When does Supreme Court have standing to review a case?

Answer 10

A. Virtually all cases come to the SC by writ of certiorari (come from state courts and federal ct of appeals). Court has complete discretion in whether to take the cases.
1. Appeals exist for decisions of three-judge federal district courts
2. SC has original and exclusive jx for suits btwn state government.
B. Generally, the SC may hear cases only after there has been a final judgment of the highest state court, federal appellate court, or of a three-judge federal district court. [Final Judgment Rule]
C. For the SC to review a state court decision, there must not be an independent and adequate state law ground of defense/remedy. If state ct decision rests on 2 grounds (one state/one federal), and if SC’s reversal of the federal law ground will not change the result in the case, the SC cannot hear it.

Question 11

Standing for Lower Feder Courts Review

Answer 11

Federal courts (and state courts) may not hear suits against state governments.

Question 12

Principle of Sovereign Immunity

Answer 12

1. 11th Am bars suits against states in federal courts (state cannot be the ∆); Does not extend to local gov!
2. Sovereign immunity bars suits against states in state courts or federal agencies.

Question 13

Exceptions to Sovereign Immunity

Answer 13

States may be sued if (i) waiver; (ii) suit is pursuant to federal laws adopted under § 5 of the 14th Am (Congress cannot authorize suits otherwise); (iii) federal gov may sue state govs; (iv) bankruptcy proceeding.

Question 14

When are suits against state officers allowed?

Answer 14

1. State officers may be sued for injunctive relief to stop conduct that violates law.
2. State officers may be sued for money damages to be paid out of their own pockets
3. State officers may not be sued if it is the state treasury that will be paying retroactive damages.

Question 15

Abstention

Answer 15

Federal courts will abstain from resolving a constitutional claim when based on unsettled questions of state law.

Question 16

Political Question

Answer 16

issues constitutional committed to political branches or inherently incapable of judicial resolution.

Question 17

Eleventh Amendment

Answer 17

prohibits federal courts from hearing private party’s claims against state government unless private party sues state officer, the state consents or Congress removes immunity.