Federal Judicial Power

Question 1

What are the four cases and controversies justiciability requirements?

Answer 1

1. P must have Standing
2. Ripeness
3. Case must not be moot
4. Case must not violate the Political Question Doctrine

Question 2

How does a plaintiff show standing?

Answer 2

1. Must show actual injury or threat of imminent injury
2. Must show that a favorable court decision is likely to remedy the harm
3. P must have been personally injured
4. P cannot be suing solely as a citizen / taxpayer

Question 3

How does a plaintiff show injury for purposes of standing?

Answer 3

P must have personally suffered the injury. Ideological objections are insufficient. P can also show a likelihood of future harm if seeking declaratory or injunctive relief.

Question 4

Are advisory opinions permissible?

Answer 4

No. They violate the causation and redressability requirement for standing.

Question 5

When is third party standing permitted?

Answer 5

1. When there is a close relationship between P and the injured party
2. When the injured party is unlikely to assert their own rights
3. If an organization is suing on behalf of their members

Question 6

When may an organization sue on behalf of their members?

Answer 6

1. When the individual members would have standing
2. When the interests are germane to the organization’s purpose
3. Neither the claim nor the relief requires the participation of individual members

Question 7

When may a plaintiff sue solely as a taxpayer / citizen?

Answer 7

1. If P alleges a violation of the Establishment Clause

2. If P alleges federal action in violation of the 10th Amendment

Question 8

What factors will the court look at to determine whether pre-enforcement review of a statute or regulation is ripe?

Answer 8

1. The extent of the hardship imposed without review

2. The fitness of the record on appeal

Question 9

What are the exceptions to the mootness requirement?

Answer 9

1. If the wrong is capable of repetition, but the limited duration permits evasion of review (abortion)
2. Voluntary cessation by D with risk of subsequent repetition
3. Class actions, so long as there is one remaining injured person

Question 10

What are the four kinds of non-justiciable political questions?

Answer 10

1. Challenges to the guarantee of a republican government
2. Challenges to the President’s conduct of foreign relations
3. Challenges to the impeachment or removal process
4. Challenges to PARTISAN gerrymandering

Question 11

What are the requirements for Supreme Court review?

Answer 11

1. There must be a final judgment from the highest state court, a US Court of Appeals, or a three-judge District Court panel
2. The final judgment must not be based on an independent or adequate state law ground
3. All the justiciability requirements must be met

Question 12

What kinds of cases come to the Supreme Court by writ of certiorari?

Answer 12

1. All cases from state courts
2. All cases from US Courts of Appeals
3. Decisions from three-judge District Court panels
4. Suits between state governments

Question 13

What is the rule regarding independent and adequate state law grounds?

Answer 13

When a state court judgment rests on two grounds (one federal, one state), the S. Ct. will not hear it if reversal of the federal ground will not change the outcome.

Question 14

Lower federal courts may not:

Answer 14

1. Hear suits against state and local governments (does not include municipalities or towns)
2. Enjoin pending state court actions (abstention)

Question 15

When may states be sued in federal court?

Answer 15

1. There is express consent by the state (rare)
2. The case is brought pursuant to federal laws adopted under Sec. V. of the 14th Amend.
3. Federal government is the plaintiff
4. Bankruptcy proceedings

Question 16

Are suits in federal court against state officers permitted?

Answer 16

Yes. A plaintiff can seek monetary or injunctive relief.