judicial power

Question 1

federal judicial power

Answer 1

A. Requirement for cases & controversies
B. Supreme Court review
C. Lower federal court review

Question 2

Requirement for cases & controversies

Answer 2

limits on federal judicial power

For a case to be heard in federal court, all 4 of the justiciability doctrines must be met.

Question 3

Requirement for cases & controversies

4 justiciability doctrines

Answer 3

standing, ripeness, mootness, political questions
“For any federal court at any level, P must have standing, and the case must be ripe, must not be moot, and must not be a PQ.”

Question 4

Requirement for cases & controversies

justiciability - standing

Answer 4

Standing is the issue of whether the P is the proper party to bring a matter to the court for adjudication.

Question 5

Requirement for cases & controversies

justiciability - standing requirements

Answer 5

In order to have standing, P must show injury in fact, causation and redressability. There must be no 3rd party standing and no generalized grievances.

Question 6

Requirement for cases & controversies

justiciability - standing - injury in fact

Answer 6

P must allege and prove injury or imminence of injury.
P may only assert personally suffered injury.
P seeking injunctive or declaratory relief must show likelihood of future harm.
TEST TIP: If the question is which P has the BEST standing:
1. Look for the P who suffered injury
2. If more than 1, the choose the P who suffered $ loss

Question 7

Requirement for cases & controversies
justiciability - standing
causation and redressability

Answer 7

P must allege and prove that D caused the injury and that a favorable court decision is likely to remedy the injury.
Prohibition on advisory opinions.

Question 8

Requirement for cases & controversies
justiciability - standing
No 3rd party standing

Answer 8

P cannot assert claims of other third parties who are not before the court.
3 exceptions

Question 9

Requirement for cases & controversies
justiciability - standing
No 3rd party standing - 3 exceptions

Answer 9

1. 3rd party standing is allowed if there is a close relationship between P and injured 3rd party. (doctor-patient) (MOST LIKELY for exam)
2. 3rd party standing is allowed if the injured 3rd party is unlikely to be able to assert 3rd party’s rights.
3. An organization may sue for its members IF
   a. The members would have standing to sue
   b. The interests are germane to the organization’s purpose
   c. Neither the claim nor relief requires participation of individual members

Question 10

Requirement for cases & controversies
justiciability - standing
No generalized grievances

Answer 10

P must not be suing solely as a citizen or a taxpayer interested in having the govt follow the law.

Question 11

Requirement for cases & controversies
justiciability - standing
No generalized grievances
case rules and exceptions

Answer 11

1. TP don’t have standing to challenge govt grant of property, only of $.
2. TP don’t have standing to challenge expenditures from general executive revenue
3. TP don’t have standing to challenge tax credits, only actual expenditures.

Question 12

Requirement for cases & controversies

justiciability - ripeness

Answer 12

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.
(If questions asks for decl judg or injunction, look for ripeness!)

Question 13

Requirement for cases & controversies

justiciability - ripeness requirements

Answer 13

1. Hardship to the parties of withholding court consideration.
2. Fitness of the issues for judicial decisions.

Question 14

Requirement for cases & controversies

justiciability - mootness

Answer 14

If events after filing a lawsuit end P’s injury, the case must be dismissed as moot.
3 exceptions

Question 15

Requirement for cases & controversies

justiciability - mootness exceptions

Answer 15

1. CRYER (capable of repetition yet evading review)
2. voluntary cessation - if D voluntarily halts the offending conduct but is free to resume it at any time, the case will not be dismissed as moot
3. class action suits

Question 16

Requirement for cases & controversies

justiciability - political question

Answer 16

Federal courts will not adjudicate a case if should be resolved through one of the elected, political branches of government.
4 non-justiciable PQs

Question 17

Requirement for cases & controversies

justiciability - 4 non-justiciable PQs

Answer 17

1. Challenges under the “republican form of government clause” from the Guaranty Clause of Art IV.
2. Challenges to the President’s conduct of foreign policy.
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering

Question 18

Supreme Court review

How does a case come to SCOTUS?

Answer 18

1. All cases from state courts come to SCOTUS by writ of certiorari.
2. All cases from US Court of Appeals come to SCOTUS by writ of certiorari
3. SCOTUS must take appeals for decisions of 3-judge federal district courts (skips Ct of Appeals)
4. SCOTUS has original jdx for suits between state governments

Question 19

Supreme Court review

When may SCOTUS hear a case?

Answer 19

Generally, SCOTUS may hear cases ONLY after there has been a final judgment of i) the highest state court, ii) a US Court of Appeals, or iii) a 3-judge federal district court. (Final judgment rule)

Question 20

Supreme Court review

What does SCOTUS need to review a state court decision?

Answer 20

For SCOTUS to review a state court decision, there must not be an independent and adequate state law ground of decision.
SCOTUS only reviews federal law issues.

Question 21

Lower federal court review

Answer 21

1. Federal courts (and state courts) may NOT hear suits against state governments.
2. Federal courts may not enjoin pending state court proceedings and must abstain from the suit.

Question 22

Lower federal court review

sovereign immunity

Answer 22

1. 11th AMD bars suits against states in federal court
2. Sovereign immunity bars suits against states in state courts or federal agencies.
   4 exceptions

Question 23

Lower federal court review

sovereign immunity - exceptions

Answer 23

States may be sued ONLY under the following 4 circumstances.

1. Waiver is permitted (must be EXPLICIT by Congress)
2. States may be sued pursuant to federal laws adopted under section 5 of 14th AMD. Congress CANNOT authorize suits against states under other constitutional provisions.
3. Federal government may sue state governments.
4. Bankruptcy proceedings

Question 24

Lower federal court review

sovereign immunity - state officers

Answer 24

Suits against state officers are allowed
State officers may be sued for injunctive relief or for money damages to be paid OUT OF THEIR OWN POCKETS.
State officers may NOT be sued if the state treasury will pay retroactive damages.