Federal Jurisdiction Flashcards
When does Supreme Court have original jurisdiction?
The SC has original jurisdiction over cases involving foreign diplomates and states
Can Congress change the Supreme Court’s original jurisdiction?
No
What power does congress have over lower courts?
Congress can do whatever it wants to lower courts, including changing jurisdiction, eliminating or creating courts
What is Congress’s power over the Supreme Court
Unclear, but Congress cannot take cases from appellate jurisdictions and move it to original jurisdiction
What are the limitations of federal court jurisdiction?
Under Art. III Sec. 2, the jurisdiction of federal courts is limited to:
1. law-based jurisdiction
2. party-based jurisdiction
What is law-based jurisdiction under Art. III Sec. 2
Law based jurisdiction is cases arising under:
1. the Constitution
2. federal law
3. admiralty and maritime jurisdiction
What is party-based jurisdiction?
- controversies to which the US is a party
- controversies between two or more states
3, cases between a state and citizens of another state - cases between citizens of different states and the amount in controversy is over $75K
- Cases affecting ambassadors and consuls
What is required by 11th A?
The 11th A prohibits private individuals from suing states for money damages in any court, with limited exceptions
What are exceptions to 11th A?
11th A prohibits private individuals from suing states for money damages in any court, except:
1. federal suits brought by one state against another state or suits brought by the federal government against a state
2. lawsuits against subdivisions of a state
3. most lawsuits for injunctions
4. when the state consents to a suit
5. congress authorizes money damages against states for violations of the 13th, 14th and 15th A