Judicial Power Flashcards
Federal judicial power (derived from Article III) extends to cases involving:
- interpretation of the constitution, federal laws, treaties, and admiralty and maritime laws
- disputes between states, states and foreign citizens, and citizens of diverse citizenship
Federal courts can only hear a case if it involves a
case or controversy
When is there a case or controversy? Depends on?
What the case is requesting (is it an advisory opinion?)
When is it brought (ripe or moot?)
who is bringing it (does the plaintiff have standing?)
How can a plaintiff show ripeness before a law or policy is enforced?
The issues are fit for a judicial decision AND
the plaintiff would suffer substantial hardship in the absence of review.
Ripeness Quality 1: When is a case not fit for judicial decision?
Usually an issue doesn’t have fitness for judicial decision if it relies on uncertain or contingent future events that might not happen.
Ripeness Quality 2: How can plaintiff show substantial hardship?
More hardship = more ripe.
Plaintiff seeks declaration on constitutionality of anti-contraceptive law unenforced for 80 years. Is this case ripe?
No.
Claim not moot in following situations, even if injury has passed:
- controversies capable of repetition but that evade review because of their inherently short duration
- cases where the defendant voluntarily stops offending practice but is free to resume it
- class action in which class rep. controversy has become moot but claim of at least one other class member still viable.
When should person have standing?
All stages of litigation, including appeal.
standing has three major components:
injury, causation, redressability
What is injury in fact
a particularized injury (affects plaintiff personally and individually) AND
concrete injury (one that actually exists)
No citizenship standing
people have no standing merely as citizens or taxpayers to claim that gov action violates fed law or constitution. injury too general
exception —challenging tax liability
taxpayer has standing to challenge their tax bill
exception 10th amendment
person MAY have standing to allege that federal action violates 10th amend. by interfering with powers reserved to states as long as person has a redressable injury in fact
exception - congressional spending
people have standing to challenge congressional spending measures on first amendment establishment clause grounds
* has to involve congress’ spending power
who must suffer the injury?
there is no third party standing generally. plaintiff should be the one who suffered injury, but there are exceptions…
claimant with standing in own right may assert rights of a third party if:
(1) difficult for third party to assert their own rights, or
(2) close relationship between claimant and third party.
an organization has standing to sue on behalf of its members it
(1) there is an injury in fact to members
(2) the members’ injury it related to org’s purpose AND
(3) individual member participation in lawsuit not required
standing for free speech overbreadth claims
person has standing to bring free speech claim alleging that the government restricted substantially more speech than necessary even if that person’s own speech would not be protected under first amendment.
Causation element
There must be causal connection between injury and conduct complained of.
redressability element
decision in litigant’s favor must be capable of eliminating their harm (for example, through money damages or an injunction)
when standing to enforce government statutes?
plaintiff may have standing to enforce federal statute if they are within the zone of interests congress meant to protect
sovereign immunity and eleventh amendment
USSC said doctrine of sovereign immunity reflected in 11th amend. bars a private party’s suit against a state in federal and state courts. Similarly, sovereign immunity bars claims against a state in federal and state agencies.
exceptions to state sovereign immunity
- express waiver
- implicit consent/structural waiver
- actions against local governments
- suits by other states or the federal government
- bankruptcy
- certain actions against state officers
- congress removes the immunity
unsettled question of state law
a fed ct will temporarily abstain from resolving a constitutional claim when the dispotition rests on an unsettled question of state law
pending state proceedings
federal courts will not enjoin pending state criminal proceedings, except in cases of proven harassment or prosecutions taken in bad faith.
original jurisdiction
USSC has original jurisdiction in all cases affecting ambassadors, public ministers, consuls, and those in which a state is a party, but Congress has given concurrent jurisdiction to lower federal courts in all cases except those between states.
appellate jurisdiction
USSC has appellate jurisdiction in all cases to which federal judicial power extends under Article III, subject to congressional exceptions and regulation.
When exercising its appellate jurisdiction, typically the Supreme Court will only hear the case after there has been a
final judgment by lower court.
cases can come to the court by one of two ways
writ of cert
appeal (rare)
writ of certiorari
USSC has complete discretion to hear cases that come to it by certiorari. The cases that come by certiorari are:
- cases from the highest state court capable of providing a decision where (1) the constitutionality of a federal statute, federal treaty, or state statute is in issue, or (2) a state statute allegedly violates federal law; and
- all cases from federal courts of appeals
appeal - rare cases
USSC MUST hear cases that arrive to it by appeal. These cases are confined to decisions by three-judge federal district court panels that grant or deny injunctions.
adequate and independent state grounds
Supreme Court will not exercise jurisdiction if the state court judgment is based on adequate and independent state law grounds, even if federal issues are involved.
