Judicial Power Flashcards
Mootness
Courts will not hear cases already resolved.
Exceptions:
- Capable of Repetition but Evading Review (e.g., abortion laws- pregnancy is temporary)
- Offender voluntarily stops but could resume
- Class Actions: If primary P’s issue resolves, case is not moot so long as at least ONE class member’s cases are not
Ripeness
P is not entitled to review a statute BEFORE its enforcement (e.g., to receive a declaratory judgment) UNLESS:
- P will suffer some harm OR
- the immediate threat of harm
Advisory Opinions
Fed cts will not hear about a statute that has not or is not likely to be enforced.
Instead, P must have:
- specific present harm or threat of future harm
- challenged action must most real and immediate danger to P’s interests
Appeal to SCOTUS
SCOTUS must hear cases by APPEAL from:
- Three judge federal district court panels
- that grant or deny injunctive relief
Writ of Certiorari
Court has Complete Discretion to hear cases that come up on cert:
Cases from state courts involving: 1. constitutionality of fed statute, treaty, or state statute, OR 2. state statute alleged to violate fed law
Cases from federal courts of appeal
Original Jurisdiction in SCOTUS
Supreme Court has original jurisdiction cases involving:
- Ambassadors
- Public Ministers
- Consuls
- STATE as a party
- controversies b/w STATES
Congress has given lower federal courts CONCURRENT jurisdiction in all of the above EXCEPT between states
11th Amendment Limits on Fed Courts
11th Amendment bars fed cts from hearing cases of a private party or foreign government against a state.
- Does NOT apply to local govs, actions by feds or other states against states, or fed bankruptcy court
State Sovereign Immunity
States have sovereign immunity from suit, except where waived.
Exceptions:
- Suits for damages or injunctions against individually named state officers
- Where Congress waived state SI to enforce 14th Amendment protections–> Must be UNMISTAKABLY CLEAR
Political Questions
Fed cts will not hear cases to resolve political questions. These are:
- Issues constitutionally committed to another branch
- Issues inherently incapable of judicial resolution
Examples: Challenges to “republican form of govt,” congressional procedures, whether person meets constitutional reqs for congress, President’s foreign policy or conduct
Abstention
Fed cts will abstain from hearing cases of unsettled state law, AND
Will abstain from enjoining pending state CRIMINAL proceedings, unless showing of bad faith prosecution or harassment (or civil/admin cases with significant state interest)
Adequate and Independent State Grounds
SCOTUS will not review a state ct decision if that decision was based on adequate and independent state law grounds. If state ct hasn’t been clear that it depended on state law, SCOTUS can hear case.
Adequate: state law is dispositive
Independent: Case is not based on federal case law construing identical state law provision.
Taxpayer Standing
Citizens do not have standing to challenge general government expenditures.
Taxpayers CAN:
- Can litigate individual IRS bill
- Challenge congressional spending on Establishment Clause grounds (e.g., federal funds to parochial schools)
Standing
A person must have a stake in the outcome of a case to be a P.
Elements:
- Injury: Direct/Personal,
- Causation: challenged action –> injury, AND
- Redressability: favorable outcome must eliminate grievance
No citizen standing, except to challenge encroachment on state’s 10th amendment power.
Organizational Standing
An organization has standing to sue if:
- Members would have individual right to sue,
- Injury is related to the org’s purpose, AND
- Individual member participation is not required
Third Party Standing
An individual, who has individual standing, may assert the rights of a third person IF:
- It is difficult for 3rd party to assert own rights (think anonymous membership), OR
- The parties have a special relationship (dr. to patient for abortion, parent-child)
