Federal Judicial Power

Question 1

Standing

Answer 1

Is the P the proper party to bring the matter?

1. Injury - allege and prove has been injury or injury is imminent
   a. injuries must be personally suffered
   b. injuction? show likelihood of future harm
2. causation and redressability - show D caused harm so judgment remedy injury
3. No 3P standing.
   exceptions - close relationship between P and injured party, injured 3P unlikley to be able to assert rights, organization may sue for member sif members owul dhave standing, interests are germane to org and neither claim nor relief requires participation
4. no generalized grievances - canon tbe suing as a citizen or taxpayer
   exception - tazpyer and federla law providing $ to parocihial schools, (ii) can’t challenge grants of property to religosu insti., (ii) no challenge for general executive revenues and (iv) no standing to challenge state tax credits to benefit religious inst

RIPENESS - cn you review pre-enforcement of statute or regulation

1. hardship will be suffered without pre=enfforcement - then consider this a ripeness issue
2. the fitnes sof the issues and record for judicial review (should you decide now or wait)

Question 2

mootness

Answer 2

if events after filing lawsuit end injury must be dismissed unless

1. wrong capacble of repetition and evasion
2. voluntary cessation by D but can pick back up
3. class action suit. just need members of the class to have injury

Question 3

political Q

Answer 3

constitutional vios that court will not adjudicate

1. republic form of government clause
2. challenge to prez conduct of foreign policy
3. challenges to impeachment and remoival process
4. challenges to partisan gerrymander

Question 4

SCoTUS review

Answer 4

virtually all cases to SCOTUS by writ certiorari

1. state court –> ScOUTS - writ
2. US COA - writ
3. can appeal to SCOTUS from 3 judg federal DJ court
4. SCOTUS original an d exclusive jur for suits between states

Question 5

scotus review and state court

Answer 5

ther msut NOT be an independent and adequate state law ground on the decision. if a state court decision rests on two grounds, one state and one FED, if SCOTUS reversal on fed will not change result, no review.

Think about it, SCOTUS can’t overturn state law ground unless it violates supremacy clause or something

Question 6

sovereign immunity

Answer 6

11A bars suits against states in Fed court, state courts and federal egencies

excepitison
1. waiver is permitted
states may be sued pursuant to federal laws adopted under section 5 of 14A
2. fed governemtn may sue state go
3. BKR proceedings

suits against state officer are allowed

1. may be sued for injunctive relief
2. may be sued for money damages out of their pockets
3. may NOT be sued if it is state treasury that will be paying