Federal Judicial Power

Question 1

What are the 4 requirements for cases and controversies?

Answer 1

1. Standing
2. Ripeness
3. Not moot
4. It is not a political question

Question 2

What is standing?

Answer 2

Standing is the issue of whether the plaintiff is the proper party to bring a matter to the court for adjudication.

Question 3

What are the 4 requirements for standing?

Answer 3

1. Injury
2. Causation and redressability.
3. No third party standing (unless an exception applies)
4. No generalized grievances.

Question 4

What does a plaintiff need to show for Injury? (present af furture injury)

Answer 4

The plaintiff must allege and prove that he or she has been injured or imminently will be injured.
Plaintiffs only may assert injuries that they personally have suffered

Question 5

Injury- what must a plaintiff show to get injunction relief?

Answer 5

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

Question 6

Causation and redressability. what does it mean?

Answer 6

The plaintiff must allege and prove that the defendant caused the injury so that a favorable court decision is likely to remedy the injury. No advisory opinions.

Question 7

No third party standing, what does it mean?

Answer 7

A plaintiff cannot assert claims of others, of third parties, who are not before the court.

Question 8

what are the exceptions to No third party standing?

Answer 8

i. Exception: third party standing is allowed if there is a close relationship between the plaintiff and the injured third party. The plaintiff himself must also show thier own standing first!
ii. Exception: third party standing is allowed if the injured third party is unlikely to be able to assert his or her own rights
iii. Exception: an organization may sue for its members, if
— the members would have standing to sue;
— the interests are germane to the organization’s purpose;
— neither the claim nor relief requires participation of
individual members

Question 9

No generalized grievances, what does it mean?

Answer 9

The plaintiff must not be suing solely as a citizen or as a taxpayer interested in having the government follow the law

Question 10

No generalized grievances what are the exceptions?

Answer 10

taxpayers have standing to challenge government expenditures pursuant to federal statutes as violating the Establishment Clause
ONLY FOR GOVERNMENT GRANTS OF MONEY PURSUANT TO FEDERAL STATUTE or STATE AND LOAL GOV (no standing for tax credits).

Question 11

What is Ripeness?

Answer 11

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

Question 12

What do you look for for issues of ripeness?

Answer 12

1. The hardship that will be suffered without preenforcement review. The greater the hardship the more likely the federal court will hear the case.
2. The fitness of the issues and the record for judicial review. Is there any reason why the court should wait to hear the case?

Question 13

Define mootness.

Answer 13

If events after the filing of a lawsuit end the plaintiff’s injury, the case must be dismissed as moot.

Question 14

What are the exceptions to mootness?

Answer 14

1. Wrong capable of repetition but evading review.
2. Voluntary cessation- Defendant halts practice, but is legally free to resume the offending practice at any time, will not be dismissed as moot.
3. Class action suits- If named P in class action becomes moot, if another P in class has an ongoing injury it will not be moot.

Question 15

The political question doctrine. What 4 things are under the political question doctrine?

Answer 15

The political question doctrine refers to constitutional violations that the federal courts will not adjudicate.

1. The “republican form of government clause.” Elected representatives question.
2. Challenges to the President’s conduct of foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering.

Question 16

How do cases get to the supreme court? 4 ways

Answer 16

1. All cases from state courts come to the Supreme Court by writ of certiorari.
2. All cases from United States courts of appeals come to the Supreme Court by writ of certiorari.
3. Appeals exist for decisions of three-judge federal district courts
4. The Supreme Court has original and exclusive jurisdiction for suits between state governments

Question 17

At what point can the supreme court hear a case?

Answer 17

Generally, the Supreme Court may hear cases only after there has been a final judgment of the highest state court, of a United States Court of Appeals, or of a three-judge federal district court

Question 18

Final Judgment Rule, define.

Answer 18

Generally no interlocutory review. All appeals must be used before SC can hear the matter.

Question 19

What happens if there is an independent state ground to decide the case?

Answer 19

For the Supreme Court to review a state court decision, there must not be an independent and adequate state law ground of decision. If a state court decision rests on two grounds, one state law and one federal law, if the Supreme Court’s reversal of the federal law ground will not change the result in the case, the Supreme Court cannot hear it.

Question 20

May lower federal courts hear cases against state governments?

Answer 20

No. Federal courts may not hear suits against state governments

Question 21

Principal of Sovereign Immunity, what is it (2 things)

Answer 21

1. The Eleventh Amendment bars suits against states in federal court
2. Sovereign immunity bars suits against states in state courts or federal agencies

Question 22

Principal of Sovereign Immunity - what are the 4 Exceptions?

Answer 22

1. The state expressly waives the immunity.
2. States may be sued pursuant to federal laws adopted under section 5 of the Fourteenth Amendment. Congress cannot authorize suits against states under other constitutional provisions.
3. The federal government may sue state governments.
4. Bankruptcy proceedings

Question 23

Can you sue against a state officer?

Answer 23

Yes

Question 24

Under what conditions may you sue a state officer?

Answer 24

1. state officers may be sued for injunctive relief;
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 25

what is Abstention?

Answer 25

Federal courts may not enjoin pending state court proceedings.