Judicial Power Flashcards
Source of Judicial Power
Article III
Scope of Judicial Power
Most relevant cases:
(1) Disputes between citizens of different states
(2) Cases arising under federal law
Eleventh Amendment Limitation on Judicial Power
States are immune from suits in federal court for MONEY DAMAGES unless state consents
Adequate and Independent State Grounds (AISG)
A final-state court judgment resting upon ADEQUATE AND INDEPENDENT STATE GROUNDS is not reviewable by the SUPREME COURT
Standing Requirements
3
(1) Injury
(2) Causation
(3) Redressability
Standing: Injury
Must be concrete
Need not be physical/economic
Can be future injury
Standing: Causation
Injury caused by D’s violation of constitutional right or other federal right
Standing: Redressability
Court must be able to remedy or redress the injury
Remedy for Past Injury
Damages
Remedy for Future Injury
Injunction
Standing: Tax Payer Status
Federal taxpayers ALWAYS have standing to challenge:
(1) Their own tax liability; and
(2) Expenditures violating Establishment Clause
Cannot challenge other government expenditures
Third-Party Standing
Generally no standing to bring lawsuit based on claims of third party
Exceptions:
(1) Third party unable to asset own rights;
(2) Special relationship between P and third party; or
(3) P’s injury adversely affects P’s relationship with third party
Organizational Standing
Organization can sue on its own behalf or on behalf of its members if:
(1) Members would have standing to sue in their own right; and
(2) Interests at stake are germane to the organization’s purpose
Ripeness
P must have experienced a real injury (or imminent threat thereof)
Action brought too soon is unripe
Mootness
Cases are overripe and are dismissed whenever they become moot
Mootness Exception
Controversies capable of repetition, yet evading review, are not moot, even though they look like it
Advisory Opinions
Federal courts cannot issue advisory opinions
Federal courts cannot rule on the constitutionality of proposed legislation
Declaratory Judgments
Challenged action must pose REAL AND IMMEDIATE DANGER to party’s interest
Political Questions
Not subject to judicial review when:
(1) Constitution has assigned decision making on this subject to different branch of government; or
(2) Matter is inherently not one that judiciary can decide
Examples of Non-Justiciable Political Questions
(1) Guarantee Clause
(2) Foreign affairs
(3) Impeachment procedures
(4) Political gerrymandering
