Judicial Power

Question 1

Ripeness requires: 2

Answer 1

Issues fit for judicial decision and

Plaintiff would suffer substantial hardship w/o review

Question 2

Plaintiff may no longer be suffering from ongoing injury and can still sue. T/f

Answer 2

False, for mootness

Question 3

Exceptions to mootness: 3

Answer 3

Capable of repetition but evades review (like abortion bc of short pregnancy duration)

D voluntarily stops action but could restart

Class actions where representative’s claim is moot but at least one other’s is viable

Question 4

A business that the city sought to shut down voluntarily closes down. Moot?

Answer 4

No, bc voluntary and could restart

Question 5

Injury in fact requires: 2

Answer 5

Particularized and concrete injury

Question 6

Standing — three general reqs:

Answer 6

Injury in fact

Causation

Redressability

Question 7

Can taxpayer challenge his own tax liability?

Answer 7

Yea, it’s an exception to general prohibition on challenging tax laws

Question 8

Can a claimant assert rights of third party?

Answer 8

Yes IF claimant has standing,

AND either 1) it’d be difficult for third party to assert rights, or 2) close relationship exists between claimant and third party

Question 9

Can orgs have standing to sue on behalf of members?

Answer 9

Yes with injury to members that is related to the org’s purpose and individual member participation in the lawsuit is not required

Question 10

Exceptions to sovereign immunity:

Answer 10

Waiver (like tort claims act),

Can sue local government,

Can sue state officials,

Bankruptcy proceedings,

Congress abrogates, like in civil rights laws

Question 11

Will SCOTUS exercise jurisdiction if a state court judgment is based on adequate and independent state law grounds?

Answer 11

No. Note: if a fed question is involved, it still won’t exercise jurisdiction unless the fed law would change the case’s result