Federal Judicial Power/Justiciability

Question 1

Federal Judicial Power: Justiciability

Answer 1

A SPERM:
Abstention
Standing
Political Standing
Eleventh Amendment/Sovereign Immunity Ripeness
Mootness

Question 2

Justiciability:

Abstention

Answer 2

Fed can’t enjoin pending State Court proceeding.

Question 3

Justiciability:

Standing Requirements

Answer 3

Requirements: (Pickled Doughnuts Cause Reflux)

1) Personal & Direct Injury;
2) Causation;
3) Redressibility.

Question 4

Justiciability:

Third Party Standing

Answer 4

No Third party standing except- if (i) close relationship; and (ii) injured 3rd party unlikely to assert his own rights.

Question 5

Justiciability:

Associational Standing

Answer 5

1) Individuals have standing;
2) Germane to organization’s purpose; and
3) Neither claim nor relief requires participation of individuals.

Question 6

Justiciability:

Political Question

Answer 6

Will not adjudicate challenges to:

1) Amendments;
2) Foreign policy;
3) Republican form of government; 4) Impeachment; or
5) Partisan gerrymandering.

Question 7

Justiciability:

11th Am/Sovereign Immunity

Answer 7

States can’t be sued in Fed Ct unless:

1) Fed gov’t sues;
2) Express waiver; or
3) Congress clearly removes immunity. 4) State sues another State
5) Suing state official re: abuse of power for enforcement of unconstitutional law.

Question 8

Justiciability: Ripeness

Answer 8

Some violation of law or when nothing to be gained with actual violation.

Question 9

Justiciability: Mootness

Answer 9

Must be live controversy. Except:

1) Wrongs capable of repetition but evading review; 2) Voluntary cessation;
3) Class actions.