Judicial Power

Question 1

Which Article do Federal Judicial Power come from?

Answer 1

Article 3

Question 2

Federal courts can only hear a matter if there is:

Answer 2

A “case or controversy” aka Justiciability

Question 3

In federal court, standing requires

Answer 3

a concrete stake in the outcome

Question 4

List (4), RASP

Whether there is justiciability/ “case or controversy” depends on?

Answer 4

1. R: Ripeness/mootness
2. A: No advisory opinion - opinion issued by ct that advises on the constitutionality or interpretation of a law
3. S: Standing
4. P: Not a political question - issue constitutionally committed to another branch of gov’t

Question 5

list (2)

What is a political question

Answer 5

involves an issue that the Constitution has

1. constitution says other branches have the power to decide on issue -OR-
2. the issue is inherently incapable of judicial resolution and enforcement.

Question 6

list (5)

Examples of political questions that federal courts should not hear?

Answer 6

1. Impeachment procedure;
2. Gerrymandering;
3. Foreign policy & war;
4. Guaranty clause;
5. Amendment ratification procedure.

Question 7

What are advisory opinions

Answer 7

Court’s non-binding opinion on a legal question from legislators, govt officials, or another court.

ex: Parties seek AOs to gauge odds of winning a potential lawsuit to avoid $$$.

Question 8

Can federal courts issue advisory opinions?

Answer 8

Federal courts cannot issue advisory opinions

Question 9

List (2)

When a decision is said to be an advisory opinion this means that?

Answer 9

1. decision lacks an actual dispute btwn adverse parties -OR-
2. decision lacks any legally binding effect on the parties

Question 10

What is ripeness?

Answer 10

The “readiness” of a case for litigation

Think: the facts of the case have ripened in order to need judicial intervention

Question 11

Are pre-enforcement (law/policy not yet enforced) review of laws or policies ripe for SCOTUS?

Answer 11

NO

Question 12

List (2)

How can a P establish ripeness before law/policy enforced?

Answer 12

1. The issue is fit for a judicial decision
2. The P will face substantial hardship in absence of review

Question 13

If the facts of the case continue to injure the P, then the case is:

Answer 13

NOT moot and thus passes step 2 for judicial review

Question 14

list (3)

Exceptions to mootness (claim not moot)

Answer 14

1. Controversy/Injury capable of repetition but evades review
   
   1. prego woman challenges abortion restriction delivers her baby → not moot b/c injury/pregnancy can happen again)
2. D voluntarily stop offending practice but free to resume
   
   1. strip club owner retires because city sought to shut club down but owner could reopen after case is dismissed
3. Class actions where the classes controversy is moot but one member’s action still viable

Question 15

Standing is about:

Answer 15

WHO can bring a lawsuit

Question 16

“RIC”

To establish standing, P needs:

Answer 16

Concrete, direct, and personal stake by establishing

1. Redressability - Favourable decision remedies the injury
2. Injury in fact (suffered an injury)
3. Causation

Question 17

Standing; list (2)

How is injury in fact shown?

Answer 17

1. particularized injury - an injury that will affect P in a personal and individual way
2. concrete injury - injury that actually exists (not hypothetical)

Question 18

Standing; list (2)

What types of cases are not viable injuries

Answer 18

1. A citizen suing to force the gov’t to obey the law
2. A taxpayer suing the gov’t on how it spends tax dollars

Question 19

List (3)

exceptions to standing

Answer 19

1. Challenging tax liability - person has standing to challenge their tax bill
2. 10th A - may** have standing to show that a federal action violates 10th A, need to show **redressable injury in fact
3. Congressional spending - challenge only congressional/legislative spending measures on a 1st A Establish Clause basis

Question 20

Standing + 💡TIP

When must injury occur

Answer 20

Already occurred or will imminently occur

💡 TIP: in a suit for pre-enforcement relief, see if there is likelihood of future harm

Question 21

What is causation

Answer 21

Injury is fairly traceable to D

Question 22

What is redressability?

Answer 22

Favourable decision remedies the injury

Question 23

One of the requirements for standing in federal court is that a decision in the plaintiff’s favor will eliminate the harm to the plaintiff.

This concept is known as

Answer 23

redressability

Question 24

Sovereign immunity

Answer 24

private party barred from bringing suit against a state in federal and state courts/agencies

Question 25

Exceptions (5); WALE. BASC

States can be sued if:

Answer 25

1. Waiver - consent to be sued
2. Action against local gov’ts + entities
3. Bankruptcy
4. Against state officials
5. Congress waives a state’s immunity

Question 26

Adequate and independent state grounds

Answer 26

If SC reversal of fed law does not change the outcome, the SC cannot hear the case

the U.S. Supreme Court does not have jx over the case if the state ground is (1) “adequate” to support the judgment, and (2) “independent” of federal law.

Question 27

adequate and independent state grounds

Answer 27

the standard used by SCOTUS determine if it will hear a case from a state court.

SCOTUS will not hear appeal from state ct that has adequate + independent state grounds

aka will hear a case from a state court only if the state court judgment is overturned on federal grounds.

Question 28

list (2)

Standing to assert rights of others (third parties)

Answer 28

Claimant with standing can assert rights on behalf of a 3rd party when

1. difficult for 3rd party to assert their own rights -OR-
2. close relationship btwn claimant and 3rd party such that injury suffered by 3rd party results in an indirect violation of the claimant’s rights

Question 29

list (3)

When does an organization have standing

Answer 29

1. injury in fact to the organization’s members
2. the interest asserted by the organization regarding the member’s injury is related to organization’s purpose -AND-
3. individual member participation in lawsuit NOT required