Judicial Powers Flashcards
What are the two types of jurisdictions that SCOTUS may use to hear a case?
1) Original Jurisdiction
2) Appellate Jurisdiction
What is Original Jurisdiction?
Original jurisdiction is a court’s power to hear and decide a case first—i.e., before any appellate review. Allowed over:
(1) Cases involving foreign ambassadors, public ministers, or consuls; and
(2) Cases in which a state is a party.
Can Congress expand or restrict Original Jurisdiction?
No, but it may determine the cases original jurisdiction.
This means that SCOTUS does have exclusive jurisdiction over controversies between two or more states, but not:
1) Cases involving foreign ambassadors, public ministers, or consuls
2) Cases between the United States and a state and
3) Cases between a state and citizens of another state or noncitizens.
What is a political question, and can federal courts hear such issues?
A political question is one where:
(i) the Constitution has assigned final decision-making on this subject to a different branch of government; OR
(ii) the matter is inherently not one the judiciary can decide.
Federal courts cannot hear such questions
What is standing?
Standing is when a platinff has a concrete interest in the outcome of a case. Federal courts will not hear cases unless plaintiff has standing.
1) Injury in Fact: Must be concrete and particularized; threat must be actual and imminent if no harm yet.
2) Causation: Demonstrate that the government action has caused the injury.
3) Redressability: Court decision is capable of redressing the injury.
What is organizational standing?
An organization may bring an action when it has suffered an injury, on behalf of itself or it’s members.
1) Members have standing to sue in their own right
2) Interests at stake are germane to organizations purpose
3) It is not necessary to have all members in the suit
What is ripeness?
Refers to the readiness of a case for litigation.
Court will not hear claims that have not yet fully developed, are premature, or injury is speculative.
What is mootness?
Refers to when there is no longer a live controversy.
What are exceptions to the mootness requirement?
1) Voluntary Cessation: Defendant stops conduct, yet can/will resume at anytime
2) Capable Yet Avoidant of Review: Although plaintiffs case may be moot, there is a reasonable chance that the controversy will re-appear
3) Class Action suits
What is state action?
In order to enforce the Constitution, the wrongful conduct must be by the government.
