Judical Review

Question 1

Source of power

Answer 1

Courts power is in Supreme Court.

Congress can create lower courts.

Question 2

Scope of federal judicial power

Answer 2

1. Constitutional questions
2. Treaties, admiralty and maritime
3. Case involving ambassador, public ministers and consuls
4. Case where USA is a party
5. Case between two states
6. Case between state and citizens
7. Case between citizens of different states.

Question 3

11th amendment limits

Answer 3

Citizens cannot sue a state (theirs or another) wo state’s consent.
Applies to federal questions and diversity suits.
* but congress can authorize suits by citizens against states for violations for 13, 14, 15th As.

Question 4

Exceptions to 11th A immunity.

Answer 4

Congress can authorize suits by citizens against states for violations of 13, 14, 15th As.
Can’t sue state official, but can get injunction.
-State must expressly and unequivocally waive 11th A immunity.

Question 5

Case or controversy

Answer 5

Real and substantial dispute that effects the parties and can be resolved by judicial decree.

Question 6

Advisory opinions

Answer 6

Prohibited to give advisory opinions, but can give declaratory judgements.

Question 7

Declaratory judgment

Answer 7

SC determines legality of proposed conduct without awarding damages.

Question 7

Ripeness

Answer 7

SC will not hear claims before they have fully developed.

P must have suffered injury or face imminent injury.

Question 8

Mootness

Answer 8

SC will not hear a Case where controversy has already been resolved unless injury is “capable of repetition yet evading review.”

Question 10

State law review

Answer 10

SC will not hear if there are undecided issues of state law.
* But SC will intervene if there is bad faith harassment of a criminal.

Question 11

Standing

Answer 11

Plaintiff must have actual or imminent direct and personal injury and that he will benefit from remedy sought.
* Taxpayers do not have standing.

Question 12

Third party complainants

Answer 12

Generally TP does not have standing.

* But can bring claim where special relationship exists or injured party cannot bring claim on its own.

Question 13

Association standing

Answer 13

Can bring claim of members if:

1. members could bring claim individually,
2. interest is germane to associations purpose, and
3. member participation in suit is not needed to remedy problem.

Question 14

Political questions

Answer 14

An issue assigned to another branch of government by the Constitution or incapable of judicial review.

Question 15

RAMPS

Answer 15

Exceptions to judicial review:
Ripeness
Advisory opinions
Political questions
Standing

Question 16

State law review

Answer 16

SC will only review state law in line with what state would or did already decide.
Will defer to state if unclear.
* But will review law for violation of federal law or federal constitution.

Question 17

Certiorari

Answer 17

Conflict between 
1. different appeals courts, 
2. high courts of two states, 
3. high state court and appeals court,
or 
1. cases from high state, or 
2. appeals involving important unresolved issues.

Question 18

Adequate state grounds

Answer 18

SC will not review if federal Q can be resolved on adequate state grounds.
Ie the state opinion was based on state law.
Applies only to SC, not appeals. Applies to procedural DP too.

Question 19

Supremacy clause

Answer 19

Federal law supersedes any state law where there is a direct conflict.
* But if congress did not preempt the entire field, state can regulate what federal didn’t.
States can enact stricter laws.
States can’t regulate fed agents if it will interfere with fed ability to carry out federal function.

Question 20

Contract clause

Answer 20

No state shall pass a law impairing the obligation of contract.
* does not apply to fed regs or state court decisions.
K can be modified when it is necessary to serve an important and legitimate public interest and means is reasonable and narrowly tailored.

Question 21

Ex post facto laws

Answer 21

State and federal cant pass them. Include:

1. Make criminal act that was not a crime when committed.
2. Increases the punishment after crime committed.
3. Decreases amount of evidence need to convicted
4. Extends SOL for crime that had already expired.

Question 22

Bill of attainder

Answer 22

Legislative act that inflicts punishment without a trial upon named individuals for past conduct.
* Prohibited.