Federal Judicial Powers Flashcards
Article 3 Interpretive Powers of Federal Courts?
the Constitution, federal laws, treaties, and admiralty and maritime laws
Article 3 Dispute Powers of Federal Courts?
disputes between states (Supreme Court only), states and foreign citizens, citizens of diverse citizenship, cases affecting ambassadors, consuls, and public ministers.
Federal Courts’ Power of Judicial Review?
the power to review the constitutionality of acts by other branches of government, and to review State laws under the Supremacy Clause
How do cases reach the Supreme Court?
Writ of certiorari (discretion) : cases from state courts where 1) constitutionality of a federal statute, federal treaty, or state statute is in issue or 2) a state statute allegedly violates federal law
Writ of certiorari (discretion): all cases from federal courts of appeals
Appeal: Supreme Court MUST hear cases that come to it by appeal by three judge federal district court panels
When is a case justiciable before a federal court? (Requirements that must be met before a federal court hears the case and EXCEPTIONS)
Ripeness: immediate threat of present harm or a immediate threat of harm; fit for review (based on concrete facts, not facts that are to be determined, legal questions to be decided)
Mootness: real controversy must exist at all stages (exceptions–temporary harm, defendant ceases at will, class actions)
No advisory opinions
How does a plaintiff establish standing?
1) Particular injury (affects the plaintiff personally)
2) Concrete injury (actual injury, not theoretical)
3) Causation
4) Redressability
When can a claimant assert the rights of a third party?
1) It is difficult for the third party to assert her own rights (disability, identity issues)
2) A special relationship exists between the claimant and the third party (eg. doctor and abortion patient)
When can a claimant seek to enforce a federal statute?
When it is clear the claimant is within the zone of interests Congress meant to protect
When does an organization have standing to sue on behalf of its members?
1) When there is an injury in fact to members that gives them a right to sue on their own behalf
2) When the injury is related to the organization’s purpose
3) When individual damages are not involved
When can a claimant sue the federal government for government spending?
Generally, a taxpayer has no standing to challenge government expenditure. However, when Congressional spending is involved and affects religion, the claimant may have standing to claim a violation of the Establishment Clause.
What is IASG and when does it bar federal jurisdiction?
Independent and Adequate State Grounds. When a state court decides a matter entirely on state laws with no reference to federal decisions or laws, federal courts do not have jurisdiction.
What is the 11th Amendment’s doctrine of sovereign immunity?
The doctrine of sovereign immunity (of the 11th Amendment) bars a private party or foreign government from suing a state in federal court, unless the state consents. However, state officials are not protected by this immunity and may be sued. Congress may also waive immunity for violations of the 14th Amendment. Local governments are also not protected by the immunity.
What is the Exceptions Clause of Article III?
The Exceptions Clause grants Congress the power to limit the appellate jurisdiction of the Supreme Court over particular types of cases.
Under IASG, if it is unclear whether the state court decision turned on federal or state law, what must the Supreme Court do?
Remand the case to state court for clarification.
