Judicial Power Flashcards
Eleventh Amendment Rule for unconsented private suits against a state for retroactive money damages.
The Court has interpreted the Eleventh Amendment as barring unconsented private suits against a state for retroactive money damages.
Congress may abrogate state immunity from liability if it is clearly acting to enforce rights created by the remedial provisions of the Thirteenth, Fourteenth, and Fifteenth Amendments (i.e., the Civil War Amendments), and does so expressly.
Treaty cases
Article III provides that federal district courts, which have been created by Congress pursuant to Article III, only have jurisdiction over specific cases and controversies. Among those cases and controversies are cases that arise under the treaties of the United States.
Standing for an assignment of right
An assignee has standing under Article III to bring an assigned claim, even if the claim is mature at the time of assignment and the assignment is made for collection only.
Actual Controversy rule
In order for a federal court to entertain an action, there must be an actual controversy. Although an action that seeks a declaratory judgment may be constitutionally permissible, the challenged action must pose a real and immediate danger to a party’s interests for there to be an actual dispute.
Standing
A federal court cannot decide a case unless the plaintiff has standing to bring it. To have standing, a plaintiff bears the burden of establishing three elements—(i) injury in fact, (ii) causation, and (iii) redressability.
