Judicial Power

Question 1

4 components to justiciability

Answer 1

1. Standing,
2. Ripeness,
3. Mootness, and
4. Political Question Doctyrine

Question 2

Standing

Answer 2

1. Injury -P must prove injury or imminent likelihood of injury.
2. Causation- must be a causal connection between the injury and the conduct complained of
3. Redressability- decision in P’s favor must be capable of eliminating grievance

No 3rd party standing (exception close relationship)

Question 3

Ripeness

Answer 3

• Immediate Threat of Real Harm
• P not entitled to enforcement unless the P will suffer some harm or immediate threat of harm
• Two factors courts look at to determine ripeness:
  (1) hardship the plaintiff will suffer without review; and
  (2) the fitness of the issues for review.

Question 4

Mootness

Answer 4

• Events leading the P to file a case are resolved so there is no longer a live controversy.
• Exceptions:
  1. repetition (abortions)
  2. voluntary cessation (accused likely to start back as soon as case ends)
  3. Class Actions (as long someone still has injury the court will not dismiss)

Question 5

Political Question

Answer 5

1) Issues constitutionally committed to another branch of government, or 2) Inherently incapable of judicial resolution

• Ex.
  1. Challenged that reps not representing constituents
  2. Challenges to President’s conduct on Foreign Policy
  3. Challenges to impeachment or removal process
  4. Challenges to gerrymandering

Question 6

Supreme Court Review

Answer 6

Original jurisdiction:
-lawsuits between states
Appellate jurisdiction:
1. Write of Certiorari cases from the state’s highest court that is not on independent grounds. If a ruling rests on state and federal grounds then the SC will not review if a change in federal law will have no effect. And all cases from federal court of appeals.
2. Appeal - Rare Cases- S.C. must hear cases that come to it by appeal from a 3 judge federal district court panel that grants or denies injunctive relief

Question 7

11th Amendment - Sovereign Immunity of States

Answer 7

What is Barred?

1. Federal courts cannot here suits by private party or foreign gov’t against states.
2. Sovereign immunity bars suits against states in state courts even on federal claims
3. 11th DOES NOT extend to actions against local gov’ts, actions by the United States or other states,

• Exceptions
  1. Waiver,
  2. States may be sued pursuant to federal laws adopted under Section 5 of the 14th Amendment. (Congress cannot authorize suits against states under any other const. provision or power)
  3. Federal government may sue states, and
  4. Bankruptcy prceedings -11th amendment does not apply to Congress’s Article 1 bankruptcy power

Question 8

Suing State Officers

Answer 8

• State officers can be sued even in state gov’t cannot be named as D. They may be sued for:
  1. Injunctive relief
  2. Money damages to be paid out of their own pockets
• **State officer may not be sued if it is the state treasury that will be paying the damages.

Question 9

Abstention

Answer 9

Federal court may not enjoin pending state court proceedings

Question 10

Taxpayer Standing

Answer 10

• Generally no standing to challenge gov’t expenditures
• Exception: Suits attacking congressional spending in violation of the establishment clause
• ** But for taxpayer to have standing here the spending power must be involved. No standing for grants of surplus property to religious groups or expenditures of general executive branch funds