Judicial

Question 1

The Principal of Sovereign Immunity

11th Amendment

Answer 1

Bats suits against states in fed court

sovereign immuminty bars suits against states in state courts or federal agencies.

• Suits against state government in state court, even on federal claim, without the defendant states consent.

Question 2

Federal Judicial Power

Standing

Answer 2

To have standing to challenge government action on concrete ground, a person must show that he has a concrete stake in the action of the litigation.

• to have such a stake, the potential litigant must how that he has suffered ACTUAL INJURY infact cased by government that is more that theoretical injury, but that the decision in his favor will eliminate injury.
• is the issue of whether the P is the proper party to bring a matter to the court for adjudication.

Question 3

Federal Judicial Power

Standing

Answer 3

To have standing to challenge government action on concrete ground, a person must show that he has a concrete stake in the action of the litigation.

• to have such a stake, the potential litigant must how that he has suffered ACTUAL INJURY infact cased by government that is more that theoretical injury, but that the decision in his favor will eliminate injury.
• is the issue of whether the P is the proper party to bring a matter to the court for adjudication.

Question 4

Justiciable Case or Controversy

Answer 4

1) Ripeness
2) Abstention
3) Mootness
4) Political Question
5) Standing

Question 5

Ripeness

Answer 5

Court will refrain from hearing a case until a redressable controversy exists (case a ripe)

Overcome Ripeness
1) some hardship or immediate threat of harm, and

2) There is an adequate record for judicial review.

Question 6

Advisory Opinion

Answer 6

SC have intended that constitutional power of federal court to hear cases and controversy to mean that federal court will not render advisory opinions.

The SC interpreted of case and controversy requirement in Art 3 bar edition of advisory opinions

• this federal court will not render decisions in moot cases, collusive suits, or cases involving challenges to government legislation or policy whose enforcement is neither actual.

Question 7

Standing

Injury

Answer 7

The P must alleged and prove that he or she has been injured or immediately will be injured.

• Plaintiff only may assert injuries that they personally have suffered
• Plaintiff seeking injunctive or declaratory relief must show a likelihood of future harm