Judicial Power (Modules 2) Flashcards
Justiciability
Must be a “case or controversy”
Justiciability depends on:
1) can’t be an advisory opinion
2) ripeness/mootness
3) standing
Advisory Opinion
To be justiciable party cannot be seeking an advisory opinion from the court
An advisory opinion:
1) lacks an actual dispute between parties
2) wouldn’t have any legally binding effect on the parties
NOTE: state courts ARE allowed to issue advisory opinions
Ripeness
Pre-enforcement review of laws and policies are generally not ripe, unless P can show:
1) the issue is “fit for a judicial decision” (is a legal issue not a factual one)
2) P would suffer “substantial hardship” in absence of review
If a signed law won’t take effect for a couple years then impending harm is too far off
Mootness
Plaintiff must be suffering from an ongoing injury, unless (exceptions):
1) capable of being repetitive but evades judicial review because of the inherently short duration
2) D voluntarily stops the offending activity but is free to resume at will
3) Class actions in which the class representative’s injury is moot but the claim of at least one other member of the class is still viable
Elements of Standing
1) injury in fact (concrete/particularized)
2) causation (causal connection bt issue and injury)
3) redressability (decision in their favor would be capable of eliminating their harm)
Injury in Fact (Standing)
injury must be:
1) concrete (actually exists/is pre-existing but is very likely to be IMMINENT, like very soon)
2) particularized (affects P in a personal and individual way)
Exceptions to No “Citizenship/Taxpayer” Standing
generally don’t have standing to challenge the gov just based on status as a taxpayer or citizen, except:
1) can challenge own tax bill
2) 10th Amendment (may have standing to allege 10th amend violation as long as the person has a redressable injury in fact)
3) congressional spending in violation of the Establishment Clause (must be Congress exercising the spending power in violation of the clause, not something else like property power)
Standing to Assert Rights of Others
Generally there is no 3rd party standing unless:
1) P has standing of their own and
2) it is difficult for the 3P to assert their own right, or
3) close relationship between P and the 3P
- need to show a nexus between the person bringing th suit and the rights of the people they are trying to protect (economic nexus is usually good; e.g., seller of goods may have standing for something that adversely affects rights of their customers)
Standing of Organizations
An organization can sue on behalf of its members if:
1) Injury in Fact
2) Related to Purpose of Org
3) Individual Member Participation not Required
Standing for Free Speech Overbreadth Claims
if gov has restricted substantially more speech than necessary person can bring a claim on behalf of others whose speech would be affected, even if their own speech isn’t
This exception does NOT apply to restrictions on commercial speech
Standing to Enforce Federal Statutes
P may have standing to enforce a statute if they are within the “zone of interest” that Congress meant to protect
11th Amendment
Sovereign Immunity
11th Amendment bars a private party’s suit against a state in federal and state courts (there are exceptions)
Sovereign Immunity and Exceptions
Exceptions: FOCILE
Following are not precluded by Sovereign Immunity:
1) Fed gov v. state or state v. state
2) Private Citizen v. State Officials (state officials for damages personally or to enjoin them from future conduct)
3) Congress removed the immunity (for actions created under the 14th amend, but must be unmistakably clear Congress did this)
4) Implicit/structural waiver
5) Private Citizen v. Local government (city/county/police dept)
6) Express waiver
Implicit/Structural Waiver of Sovereign Immunity
When states signed the constitution implicitly agreed that S.I. would yield to certain federal powers, applies when:
1) a federal power is complete in itself, and
2) state implicitly consented to fed gov exercising that power when they signed the constitution
Abstention
Unsettled question of law - fed court will temporarily abstain from solving constitutional claim when disposition rests on an unsettled question of state law
Pending state proceedings - won’t enjoin pending state criminal proceedings except in cases of proven harassment or prosecutions in bad faith
