Judicial Power

Question 1

When can you sue a state for money damages?

Answer 1

1. State consents
2. Congress expressly allows to enforce 14A
3. Anytime it is a local government

Question 2

When can the US Supreme Court review a state court judgment?

Answer 2

Only if the state court judgment turned on federal grounds

Question 3

When does an adequate and independent state ground control the decision?

Answer 3

Adequate - federal claimant wins anyway under state law

Independent - state law doesn’t depend on interpretation of federal law

Question 4

What is required for standing to sue?

Answer 4

1. Injury
2. Causation
3. Redressability

Question 5

When can taxpayers have standing to challenge government expenditures?

Answer 5

Narrow exception - (1) establishment clause challenge, (2) specific Congressional appropriations, (3) can be challenged by any TP

Question 6

When can third parties raise the rights of others?

Answer 6

Parties to an exchange / transaction can raise rights of other parties to that exchange / transaction (ie: doctors + abortion)

Question 7

What must you show for ripeness?

Answer 7

1. Actual harm

2. Immediate threat of harm

Question 8

What is an exception to mootness?

Answer 8

Controversies that are (1) capable of repetition, yet (2) evades review, eg: pregnancy cases

Question 9

When is a question considered inappropriate for judicial resolution?

Answer 9

1. Issue committed to another branch of government

2. No manageable standards for adjudication