Federal Judicial System

Question 1

Under Article III, Section 2, federal courts have the jurisdiction to hear which types of cases and controversies?

Answer 1

1. Arising under the Constitution, laws, and treaties of the United States;
2. Affecting foreign countries’ ambassadors, public ministers, and consuls;
3. Involving admiralty and maritime jurisdiction;
4. When the U.S. is a party;
5. Between two or more states, or between a state and citizens of another state;
6. Between citizens of different states or between citizens of the same state claiming lands under grants of different states; or
7. Between a state, or its citizens, and foreign states, citizens, or subjects

Question 2

The Supreme Court has what two types of jurisdiction?

Answer 2

1. Original jurisdiction; and
2. Appellate jurisdiction

Question 3

Over what type of cases does the Supreme Court have original jurisdiction?

From where is this power derived?

Answer 3

The Supreme Court has original jurisdiction over cases…

1. Involving ambassadors, other public ministers and consuls; and
2. Those in which a state is a party

The source of the power: Article III, section 2

Question 4

Can Congress modify the Supreme Court’s original jurisdiction?

Answer 4

No, but it can grant concurrent original jurisdiction to the lower federal courts

Question 5

What are the 2 ways for Supreme Court to hear an appellate case?

Answer 5

1. Writ of Certiorari (discretionary review): Court will grant review if at least 4 justices vote to accept
2. Mandatory appeal: appeals for injunctive decisions issued by three-judge district court panels

Question 6

Define

adequate and independent state grounds doctrine

Answer 6

Supreme Court will not hear an appeal from a state court decision that is supported by adequate and independent state grounds.

Adequate and independent means that the state law grounds fully resolve the matter (adequate) and must not incorporate a federal standard by reference (independent).

Question 7

What can the Supreme Court do if it is unclear whether a decision rests on independent and adequate state grounds?

Answer 7

Hear the federal issue and remand the state issue to state courts

Question 8

What is the exception to the adequate and independent state grounds doctrine?

Answer 8

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

Question 9

True or False: SCOTUS will only correct a state court judgment if the state court incorrectly applied federal rights

Answer 9

True

Question 10

Define

sovereign immunity

Answer 10

doctrine that holds the government cannot be sued for damages without its consent

Question 11

What does the 11^th Amendment prohibit?

Answer 11

An individual suing any state in federal court without that state’s consent.

Also known as state sovereign immunity.

See more: 11th Amendment

Question 12

What are the exceptions to the 11th Amendment?

Answer 12

Lawsuits against states are allowed if:

1. State has consented;
2. Suit is for prospective relief (injunctive) against a state officer;
3. United States or another State is the plaintiff;
4. Suit involves enforcement of laws under ​the violations of 13^th, 14^th, and 15^th Amendments and Congress has expressly removed immunity

Question 13

Does the 11th Amendment prohibit claims against a state official personally for money damages?

Answer 13

No

Question 14

Does the 11^th Amendment prohibit recovery of retroactive money damages by citizens against a state agency?

Answer 14

Yes

Question 15

Does the 11^th Amendment prohibit lawsuits against local governments?

Answer 15

No, only against states

Question 16

Does the 11^th Amendment prohibit bankruptcy proceedings?

Answer 16

No

Question 17

Does the 11th Amendment prohibit the federal government from suing a state?

Answer 17

No, only private individuals

Question 18

Requirements for a case to be justiciable (i.e. can be heard by the federal courts)

Answer 18

1. Standing;
2. Ripeness;
3. Mootness; and
4. Not a political question

Question 19

Elements required for standing

Answer 19

1. Injury-in-fact: P must show a concrete and particularized injury, actual or imminent, caused by alleged action;
2. Causation: D’s conduct must have caused the claimant’s injury;
3. Redressibility: Harm must be one the Court can remedy through their resolution of the case;

Question 20

Does a taxpayer have standing to bring a lawsuit to challenge general government spending?

Answer 20

No, unless lawsuit is to challenge government expenditures violative of the Establishment Clause

(See Flast v. Cohen)

Question 21

When may a litigant have standing to assert the rights of a third party not before the court?

Answer 21

A third party may have standing to assert the rights of the aggrieved party if the Court finds…

1. There is a special relationship between P and the injured party (e.g. doctor-patient, lawyer-client, parent-child), and the injured party finds it difficult to bring suit themselves; or
2. Associational standing: an association may have standing to bring suit if any one of its members would have standing, and the issue is germane to the association’s purpose.
3. First Amendment overbreadth: third party may bring a facial challenge, as long as Article III standing still exists.

Question 22

Do organizations have standing to sue?

Answer 22

Only if:

1. At least one member of the organization would have standing to sue;
2. Interest asserted is germane to purpose of the organization; and
3. Neither claim nor relief requires individual participation of members

Question 23

Define

ripeness

Answer 23

A claim is “ripe,” when the facts of the case have matured into an existing substantial controversy warranting judicial intervention.

Source: Ripeness

Question 24

Why are courts required to hear only ripe claims?

Answer 24

Because federal courts are not allowed to issue advisory opinions; must be faced with a real or imminent harm

⚠️ Watch out for questions on declaratory judgments (allowed) vs. advisory opinions (not allowed)

Question 25

Define

mootness

Answer 25

A case is moot when the controversy is resolved and there is no longer a live issue.

Question 26

What are the exceptions to the mootness requirement?

Answer 26

1. Capable of repetition yet evading review: although P’s particular injury will likely become moot before litigation is complete, it is highly likely injury will be repeated in the future (ex. Roe v. Wade and abortions);
2. Voluntary cessation: D voluntarily ceases behavior once litigation starts, but could resume at any time; or
3. Class action: As long as one member of class has a ripe claim, resolution of one P’s injury will not defeat mootness

Question 27

Define

political questions

Answer 27

Issues that either:

1. Other branches have the power to decide per the Constitution; or
2. Are inherently incapable of judicial decision

⭐️ Federal courts will not hear cases involving political questions

Question 28

Examples of non-justiciable political questions?

Answer 28

1. Impeachment procedure;
2. Gerrymandering;
3. Foreign policy & war;
4. Guaranty clause;
5. Amendment ratification procedure.

Question 29

Define

abstention doctrine

Answer 29

When federal courts temporarily abstain from hearing a case when there is an unsettled question of state law

Question 30

What are two scenarios in which federal courts will abstain from hearing a case?

Answer 30

1. Case involves unsettled state law better left to state courts (Pullman abstention); or
2. Federal courts typically decline family law cases (e.g. child custody, divorce), known as the Family Law Exception.

Question 31

Define

Younger Abstention Doctrine

Answer 31

Court will not enjoin a pending state criminal prosecution in the absence of extraordinary circumstances unless the danger of irreparable loss is both great and immediate.

See: Younger v. Harris

Question 32

Who has the power to decide whether a state decision was made on state grounds or federal grounds?

Answer 32

SCOTUS may review the decision and make the determination

Question 33

What are judges immune/not immune from?

Answer 33

Immune: civil liability for judicial acts (including grave procedural errors)

Not immune: lawsuits involving non-judicial acts.