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

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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 5

What are the 5 Party-Based sources of Federal Court jurisdiction?

Answer 5

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 6

What does the 11th Amendment prohibit?

Answer 6

11th Amendment

Private individuals cannot sue the States (does not include city, counties, or state officials) for money damages in any court (injunctions are not barred).

More information: 11th Amendment

Question 7

When does the 11th Amendment allow private citizens to seek money damages from a state?

Answer 7

Private v. State Suits Allowed

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

Question 8

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

Answer 8

RAMPS

If claim fails any of the 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?

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 (seperation of church and state).

Question 10

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

Answer 10

Standing

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

(≠ legislator, constitution lover, taxpayer)

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

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

Question 12

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

Answer 12

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 13

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

Answer 13

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 of 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 14

Define when a lawsuit is ripe.

Answer 14

A lawsuit is ripe when the plaintiff has an actual injury

Question 15

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

Answer 15

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

Question 16

Define when a legal dispute becomes moot,

Answer 16

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

Question 17

What is the exception to a case being moot?

Answer 17

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

Question 18

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

Answer 18

• Impeachment
• Partisan Gerrymandering
• Foreign Affairs

Question 19

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

Answer 19

Suits seeking a declaratory judgment.

Question 20

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

Answer 20

The court will not hear a political question if:

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 22

Define the Doctrine of Abstention.

Answer 22

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

Question 23

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

Answer 23

• 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 24

Define the Adequate and Independent State Grounds Rule.

Answer 24

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

More Information: Adequate and Independent State Grounds Rule

Question 25

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

Answer 25

Adequate State Grounds

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

Question 26

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

Answer 26

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 a practice of following the federal interpretations of the particular law.

Question 27

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

Answer 27

Only the U.S. Supreme Court

Question 28

When does the United States Supreme Court have original jurisdiction?

Answer 28

SCOTUS Original Jurisdiction

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

Question 29

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

Answer 29

• Appellate Jurisdiction; and,
• Original Jurisdiction

Question 30

Define when appellate jurisdiction exists.

Answer 30

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

Question 31

What power does Congress have over Federal Court jurisdiction?

Answer 31

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

Question 32

Define the limits on Congress’ establishment of federal jurisdiction.

Answer 32

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

Question 33

Define the type of opinions that Federal Courts CANNOT issue.

Answer 33

Advisory Opinions

Question 34

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

Answer 34

• 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 35

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

Answer 35

• Foreign Relations
• Gerrymandering
• Impeachment