Federal Judicial System Flashcards
What types of cases and controversies do federal courts have jurisdiction to hear?
Arising under the Constitution, laws, and treaties of the United States; Affecting foreign countries’ ambassadors, public ministers, and consuls; Involving admiralty and maritime jurisdiction; When the U.S. is a party; Between two or more states, or between a state and citizens of another state; Between citizens of different states or between citizens of the same state claiming lands under grants of different states; or Between a state, or its citizens, and foreign states, citizens, or subjects.
What two types of jurisdiction does the Supreme Court have?
Original jurisdiction; and Appellate jurisdiction.
Over what type of cases does the Supreme Court have original jurisdiction?
Involving ambassadors, other public ministers and consuls; and Those in which a state is a party.
Can Congress modify the Supreme Court’s original jurisdiction?
No, but it can grant concurrent original jurisdiction to the lower federal courts.
What are the two ways for the Supreme Court to hear an appellate case?
Writ of Certiorari (discretionary review): Court will grant review if at least 4 justices vote to accept; Mandatory appeal: appeals for injunctive decisions issued by three-judge district court panels.
Define adequate and independent state grounds doctrine.
Supreme Court will not hear an appeal from a state court decision that is supported by adequate and independent state grounds.
What can the Supreme Court do if it is unclear whether a decision rests on independent and adequate state grounds?
Hear the federal issue and remand the state issue to state courts.
What is the exception to the adequate and independent state grounds doctrine?
SCOTUS will review a state court’s decision if the state law tracks federal law and the state court has a practice of following the federal interpretations of the particular law.
True or False: SCOTUS will only correct a state court judgment if the state court incorrectly applied federal rights.
True.
Define sovereign immunity.
Doctrine that holds the government cannot be sued for damages without its consent.
What does the 11th Amendment prohibit?
An individual suing any state in federal court without that state’s consent. Also known as state sovereign immunity.
What are the exceptions to the 11th Amendment?
Lawsuits against states are allowed if: State has consented; Suit is for prospective relief (injunctive) against a state officer; United States or another State is the plaintiff; Suit involves enforcement of laws under the violations of 13th, 14th, and 15th Amendments and Congress has expressly removed immunity.
Does the 11th Amendment prohibit claims against a state official personally for money damages?
No.
Does the 11th Amendment prohibit recovery of retroactive money damages by citizens against a state agency?
Yes.
Does the 11th Amendment prohibit lawsuits against local governments?
No, only against states.
Does the 11th Amendment prohibit bankruptcy proceedings?
No.
Does the 11th Amendment prohibit the federal government from suing a state?
No, only private individuals.
What are the requirements for a case to be justiciable?
Standing; Ripeness; Mootness; and Not a political question.
What elements are required for standing?
Injury-in-fact; Causation; Redressibility.
Where can I find key Brainscape advice on passing the bar exam and overcoming common challenges?
Brainscape Law Academy.
Does a taxpayer have standing to bring a lawsuit to challenge general government spending?
No, unless lawsuit is to challenge government expenditures violative of the Establishment Clause.
When may a litigant have standing to assert the rights of a third party not before the court?
A third party may have standing if there is a special relationship between P and the injured party, or Associational standing.
Do organizations have standing to sue?
Only if at least one member of the organization would have standing to sue.
Define ripeness.
A claim is ‘ripe’ when the facts of the case have matured into an existing substantial controversy warranting judicial intervention.
Why are courts required to hear only ripe claims?
Because federal courts are not allowed to issue advisory opinions; must be faced with a real or imminent harm.
Define mootness.
A case is moot when the controversy is resolved and there is no longer a live issue.
What are the exceptions to the mootness requirement?
Capable of repetition yet evading review; Voluntary cessation; Class action.
Define political questions.
Issues that either other branches have the power to decide per the Constitution or are inherently incapable of judicial decision.
Examples of non-justiciable political questions?
Impeachment procedure; Gerrymandering; Foreign policy & war.
Define abstention doctrine.
When federal courts temporarily abstain from hearing a case when there is an unsettled question of state law.
What are two scenarios in which federal courts will abstain from hearing a case?
Case involves unsettled state law better left to state courts; Federal courts typically decline family law cases.
Define Younger Abstention Doctrine.
Court will not enjoin a pending state criminal prosecution in the absence of extraordinary circumstances.
Who has the power to decide whether a state decision was made on state grounds or federal grounds?
SCOTUS may review the decision and make the determination.
What are judges immune/not immune from?
Immune: civil liability for judicial acts; Not immune: lawsuits involving non-judicial acts.
