judicial power Flashcards
federal judicial power
A. Requirement for cases & controversies
B. Supreme Court review
C. Lower federal court review
Requirement for cases & controversies
limits on federal judicial power
For a case to be heard in federal court, all 4 of the justiciability doctrines must be met.
Requirement for cases & controversies
4 justiciability doctrines
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.”
Requirement for cases & controversies
justiciability - standing
Standing is the issue of whether the P is the proper party to bring a matter to the court for adjudication.
Requirement for cases & controversies
justiciability - standing requirements
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.
Requirement for cases & controversies
justiciability - standing - injury in fact
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
Requirement for cases & controversies
justiciability - standing
causation and redressability
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.
Requirement for cases & controversies
justiciability - standing
No 3rd party standing
P cannot assert claims of other third parties who are not before the court.
3 exceptions
Requirement for cases & controversies
justiciability - standing
No 3rd party standing - 3 exceptions
- 3rd party standing is allowed if there is a close relationship between P and injured 3rd party. (doctor-patient) (MOST LIKELY for exam)
- 3rd party standing is allowed if the injured 3rd party is unlikely to be able to assert 3rd party’s rights.
- 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
Requirement for cases & controversies
justiciability - standing
No generalized grievances
P must not be suing solely as a citizen or a taxpayer interested in having the govt follow the law.
Requirement for cases & controversies
justiciability - standing
No generalized grievances
case rules and exceptions
- TP don’t have standing to challenge govt grant of property, only of $.
- TP don’t have standing to challenge expenditures from general executive revenue
- TP don’t have standing to challenge tax credits, only actual expenditures.
Requirement for cases & controversies
justiciability - ripeness
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!)
Requirement for cases & controversies
justiciability - ripeness requirements
- Hardship to the parties of withholding court consideration.
- Fitness of the issues for judicial decisions.
Requirement for cases & controversies
justiciability - mootness
If events after filing a lawsuit end P’s injury, the case must be dismissed as moot.
3 exceptions
Requirement for cases & controversies
justiciability - mootness exceptions
- CRYER (capable of repetition yet evading review)
- 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
- class action suits
Requirement for cases & controversies
justiciability - political question
Federal courts will not adjudicate a case if should be resolved through one of the elected, political branches of government.
4 non-justiciable PQs
Requirement for cases & controversies
justiciability - 4 non-justiciable PQs
- Challenges under the “republican form of government clause” from the Guaranty Clause of Art IV.
- Challenges to the President’s conduct of foreign policy.
- Challenges to the impeachment and removal process
- Challenges to partisan gerrymandering
Supreme Court review
How does a case come to SCOTUS?
- All cases from state courts come to SCOTUS by writ of certiorari.
- All cases from US Court of Appeals come to SCOTUS by writ of certiorari
- SCOTUS must take appeals for decisions of 3-judge federal district courts (skips Ct of Appeals)
- SCOTUS has original jdx for suits between state governments
Supreme Court review
When may SCOTUS hear a case?
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)
Supreme Court review
What does SCOTUS need to review a state court decision?
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.
Lower federal court review
- Federal courts (and state courts) may NOT hear suits against state governments.
- Federal courts may not enjoin pending state court proceedings and must abstain from the suit.
Lower federal court review
sovereign immunity
- 11th AMD bars suits against states in federal court
- Sovereign immunity bars suits against states in state courts or federal agencies.
4 exceptions
Lower federal court review
sovereign immunity - exceptions
States may be sued ONLY under the following 4 circumstances.
- Waiver is permitted (must be EXPLICIT by Congress)
- 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.
- Federal government may sue state governments.
- Bankruptcy proceedings
Lower federal court review
sovereign immunity - state officers
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.
