Judicial Power Flashcards
Which Article do Federal Judicial Power come from?
Article 3
Federal courts can only hear a matter if there is:
A “case or controversy” aka Justiciability
In federal court, standing requires
a concrete stake in the outcome
List (4), RASP
Whether there is justiciability/ “case or controversy” depends on?
- R: Ripeness/mootness
- A: No advisory opinion - opinion issued by ct that advises on the constitutionality or interpretation of a law
- S: Standing
- P: Not a political question - issue constitutionally committed to another branch of gov’t
list (2)
What is a political question
involves an issue that the Constitution has
- constitution says other branches have the power to decide on issue -OR-
- the issue is inherently incapable of judicial resolution and enforcement.
list (5)
Examples of political questions that federal courts should not hear?
- Impeachment procedure;
- Gerrymandering;
- Foreign policy & war;
- Guaranty clause;
- Amendment ratification procedure.
What are advisory opinions
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 $$$.
Can federal courts issue advisory opinions?
Federal courts cannot issue advisory opinions
List (2)
When a decision is said to be an advisory opinion this means that?
- decision lacks an actual dispute btwn adverse parties -OR-
- decision lacks any legally binding effect on the parties
What is ripeness?
The “readiness” of a case for litigation
Think: the facts of the case have ripened in order to need judicial intervention
Are pre-enforcement (law/policy not yet enforced) review of laws or policies ripe for SCOTUS?
NO
List (2)
How can a P establish ripeness before law/policy enforced?
- The issue is fit for a judicial decision
- The P will face substantial hardship in absence of review
If the facts of the case continue to injure the P, then the case is:
NOT moot and thus passes step 2 for judicial review
list (3)
Exceptions to mootness (claim not moot)
- Controversy/Injury capable of repetition but evades review
- prego woman challenges abortion restriction delivers her baby → not moot b/c injury/pregnancy can happen again)
- D voluntarily stop offending practice but free to resume
- strip club owner retires because city sought to shut club down but owner could reopen after case is dismissed
- Class actions where the classes controversy is moot but one member’s action still viable
Standing is about:
WHO can bring a lawsuit
“RIC”
To establish standing, P needs:
Concrete, direct, and personal stake by establishing
- Redressability - Favourable decision remedies the injury
- Injury in fact (suffered an injury)
- Causation
Standing; list (2)
How is injury in fact shown?
- particularized injury - an injury that will affect P in a personal and individual way
- concrete injury - injury that actually exists (not hypothetical)
Standing; list (2)
What types of cases are not viable injuries
- A citizen suing to force the gov’t to obey the law
- A taxpayer suing the gov’t on how it spends tax dollars
List (3)
exceptions to standing
- Challenging tax liability - person has standing to challenge their tax bill
- 10th A - may** have standing to show that a federal action violates 10th A, need to show **redressable injury in fact
- Congressional spending - challenge only congressional/legislative spending measures on a 1st A Establish Clause basis
Standing + 💡TIP
When must injury occur
Already occurred or will imminently occur
💡 TIP: in a suit for pre-enforcement relief, see if there is likelihood of future harm
What is causation
Injury is fairly traceable to D
What is redressability?
Favourable decision remedies the injury
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
redressability
Sovereign immunity
private party barred from bringing suit against a state in federal and state courts/agencies
Exceptions (5); WALE. BASC
States can be sued if:
- Waiver - consent to be sued
- Action against local gov’ts + entities
- Bankruptcy
- Against state officials
- Congress waives a state’s immunity
Adequate and independent state grounds
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.
adequate and independent state grounds
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.
list (2)
Standing to assert rights of others (third parties)
Claimant with standing can assert rights on behalf of a 3rd party when
- difficult for 3rd party to assert their own rights -OR-
- close relationship btwn claimant and 3rd party such that injury suffered by 3rd party results in an indirect violation of the claimant’s rights
list (3)
When does an organization have standing
- injury in fact to the organization’s members
- the interest asserted by the organization regarding the member’s injury is related to organization’s purpose -AND-
- individual member participation in lawsuit NOT required
