Federal Judicial Power Flashcards
What is required to bring a case in federal courts?
- Standing
- Ripeness
- Mootness
- No advisory opinions (but declaratory judgments available)
What is ripeness?
must be ripe for judicial review unless:
(a) substantial hardship in the absence of review, and
(b) issues and record are fit for review
What is mootness?
Controversy must be live, unless:
(a) injury capable of repetition
(b) defendant voluntary ceases challenged activities but may restart at will
(c) in class actions, if one P is ripe
What is required for standing?
- injury
- causation
- redressability
Injury (Standing)
any harm that is concrete and particularized
Not ideological objections or generalized grievances
Can taxpayers sue the federal government?
only to:
(a) challenge own tax liability
(b) congressional spending in violation of Establishment Clause
Do parties with close relationships have standing (e.g. parent on behalf of child)?
(a) If both P and third party are injured
(b) third party unable or unlikely to sue
(c) P can adequately represent 3P
Can organizations sue on behalf of their members?
- members injury related to purpose of organization
- members participation not required (e.g. not seeking individualized damages)
Who falls under 11th amendment sovereign immunity?
States and state agencies (not state officers or local govts.) cannot be sued in federal or state court.
Waived if:
- state waives
- P is other state or feds
- bankruptcy proceeding
- clear abrogation by Congress under 14th amendment
What is final judgment rule?
SCOTUS only hears a case after a final judgment by highest state court capable of rending a decision, federal COA, or three-judge district court.
What are independent and adequate state grounds?
SCOTUS will not review federal question if state court decision rests on independent (not based on federal interpretations) and adequate (fully dispositive) state grounds.
What cases does SCOTUS have original jurisdiction?
- ambassadors, public ministers, consuls, etc
- state is a party
*lower courts also have concurrent jx, unless case is between two or more states (exclusive jx in SCOTUS)
What is abstention doctrine?
Federal court will temporarily refuse to hear a constitutional claim that would otherwise have federal jx when:
(a) disposition rests on unsettled question of state law; or
(b) injunctions in state criminal proceeding (and some civil proceedings) unless good reason.
