Federal System Judicial Review

Question 1

Article III, section 2, of the Constitution limits the jurisdiction of the Federal Courts to?

Answer 1

Limits of Federal Jurisdiction

Law-Based Federal Jurisdiction

+

Party-Based Federal Jurisdiction

Question 2

What limits the jurisdiction of Federal Courts?

Answer 2

Article III, section 2 of the United States Constitution limits the jurisdiction of Federal Courts.

Question 3

What are the (3) Law-Based sources of Federal Jurisdiction?

Answer 3

Question 4

What are the 5 Party-Based sources of Federal Jurisdiction?

Answer 4

The Federal Courts have jurisdiction over any cases involving:

• The United States Government as a party;
• State v. State action;
• State v. Non-State citizens;
• Citizens of Different States + >$75k in controversy; and,
• Foreign Diplomats.

Question 5

Define what the 11th amendment prohibits?

Answer 5

11th Amendment

Private individuals cannot sue the States (does not include city of counties nor state officials) for money damages in any court (injunctions are not barred).

More information: 11th Amendment

Question 6

When does 11th amendment allow private citizen to seek money damages from a state?

Answer 6

Private v. State Suits Allowed

Congress can use its enforcement powers to authorize private suits against states for damages for violation of 13th, 14th, and 15th amendments.

Question 7

What steps should you take in examining a claim’s case and controversy requirements?

Answer 7

RAMPS

If claim fails any of requirements, the claim will not be heard.

R. Is the case ripe?

A. Will the court invoke abstention?

M. Is the controversy moot?

P. Does the claim involve an non-judiciable political question?

S. Does the party bringing the claim have standing to bring the claim?

Question 8

What are the elements required for a party to have standing to bring a suit?

Answer 8

Standing

Injury: the claimant must have suffered an actual or imminent personal injury

(≠ legislator, constitution lover, taxpayer)

+

Causation: The defendant’s conduct must have caused the claimant’s injury

+

Remedy Available: Litigation of the claim must remedy or benefit the claimant

Question 9

When does a taxpayer have standing sufficient to bring a lawsuit?

Answer 9

A taxpayer has standing anytime there is a law violating the establishment clause.

Question 10

What are the steps for analyzing if a third party has standing?

Answer 10

Third Party Standing

1. There is a special relationship between the plaintiff and the third party such that the plaintiff’s interest is connected to the third party’s constitutional rights; and,
2. There is incapacity of the plaintiff.
   * More Information*: Third-Party Standing

Question 11

What are the steps for analyzing whether an organization has standing?

Answer 11

1. Member Standing: would members have standing to sue as individuals;
2. Purpose of the Association: does the association have a purpose related to the interest by the suit; and,
3. Member Participation Not Required: the litigation must not require a particular member to bring the suit (ask: will the same remedy address all their claims).

Question 12

Define when a lawsuit is ripe?

Answer 12

A lawsuit is ripe when the plaintiff has an actual injury

Question 13

Why will a Federal Court refuse to hear the case if a suit is not ripe?

Answer 13

The a Federal Court will not hear a non-ripe case because the Federal Court does not issue advisory opinions.

Question 14

Define when a legal dispute becomes moot?

Answer 14

A lawsuit is moot when when it is too late for a court to give remedy to avoid the harm.

Question 15

What is the exception to a case being moot?

Answer 15

A case will not be moot when there is a injury capable of repetition that is evading review. A case will not be moot if the injury has the ability happen over and over again.

Question 16

On the MBE, questions testing “ripeness” or “mootness,” will often involve what type of suits?

Answer 16

Suits seeking a declaratory judgment.

Question 17

What elements will prohibit a claim resting on political question from being adjudicated?

Answer 17

The court will not hear a political question

There is a textual commitment to give discretion outside the court

or

There are no standards for the lower courts to apply and it is left up to the political process.

Question 18

List (3) examples of non-judiciable political questions.

Answer 18

• Impeachment
• Partisan Gerrymandering
• Foreign Affairs

Question 19

Define the Doctrine of Abstention?

Answer 19

A practice whereby Federal Courts give deference to the decisions of State Courts.

Question 20

In what 2 instances may a Federal Court Abstain from a case?

Answer 20

• If the meaning of a state law or regulation is unclear. In this situation, the state court might interpret the statute so as to avoid the constitutional issue; or,
• Where a state court proceeding is adjudicating the same matter, the federal court will abstain from hearing the same matter.
• More Information*: The Abstention Doctrine

Question 21

Define the Adequate and Independent State Grounds Rule?

Answer 21

A Federal Court will not hear an appeal from a state high court if the state court decision is supported (grounded) in state law ground.

More Information: Adequate and Independent State Grounds Rule

Question 22

When will a state law ground be adequate to satisfy the adequate and independent state grounds rule?

Answer 22

Adequate State Grounds

A state law that invalidates a party’s claim exclusively on state law grounds will avoid Federal Court review. However, will usually not be adequate is upheld under both state and federal law—it must be able to rest solely on state law grounds.

Question 23

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

Answer 23

A Federal Court will review a state court’s decision if the state law used in the decision tracks Federal law and the state court has practice of following the federal interpretations of the particular law.

Question 24

The Adequate and Independent State Grounds Rule only applies to which courts?

Answer 24

Only the U.S. Supreme Court

Question 25

When does the United States Supreme Court have original jurisdiction?

Answer 25

USSC Original Jurisdiction

• When foreign diplomats are parties to the suit; and,
• When ≥ 2 States have claims against each other.

Question 26

What are the (2) types of jurisdiction that the United States Supreme Court maintains?

Answer 26

• Appellate Jurisdiction; and,
• Original Jurisdiction

Question 27

Define when appellate jurisdiction exists?

Answer 27

Appellate jurisdiction exists when either the United States Constitution or a Federal law are at issue.

Question 28

What power does Congress have over Federal Court jurisdiction?

Answer 28

Congress can modify the jurisdiction of the lower Federal Courts (District and Circuit Courts)

Question 29

Define the limits on Congress’ establishment of federal jurisdiction?

Answer 29

Congress cannot give a party with appellate jurisdiction original jurisdiction in the United States Supreme Court.

Question 30

Define the type of opinions that Federal Courts CANNOT issue?

Answer 30

Advisory Opinions

Question 31

In what (3) instances will a case not be dismissed as moot?

Answer 31

• There are collateral legal consequences to be determined
• The injury is capable of repetition; or,
• There is still a redress needed for an injury suffered.

Question 32

On the MBE, courts should only refuse to hear a case based upon a political question in which scenarios?

Answer 32

• Foreign Relations
• Gerrymandering
• Impeachment